Report of Her Majesty's Commissioners of Inquiry into the Working of the Landlord and Tenant (Ireland) Act, 1870, and the acts amending the same

■%.

'^^

'K^:
>*>■

^ ^■

^^*Xi

/*,. ^%^ i»«^

■%m-^'

lb«t*j

*#ta

'(IX"'!^'. •r*

^S, f

f«/

V,' '*.

>^

^5^^'

v^^

¥*,-«L)ki,*<*;

« •<j''^j:'^

|W_»i

^"'

4''€:^

^

H~0

CORNELL

UNIVERSITY

LIBRARY

924 092 586 159

Q0(&MjLe^\«^t4_,

»/

^«

Cornell University
Library

The original of this book is in
the Cornell University Library.

There are no known copyright restrictions in
the United States on the use of the text.

http://www.archive.org/details/cu31924092586159

IRELAND (GRASS LANDS, &c.)

RETURN

(Pursuant to an Order of the House of Loeds, dated 24th January 1881,)

SHOWING

The Total Area of " Grass Lands," including Meadows and Pastures, and
the Total Area of "Tillage Lands," including all kinds of Crops and
Fallows, in Ireland, for the Years 1850, 1855, 1860, 1865, 1870, 1875,
and 1880.

Years.

Grass Lands

(including Meadow

and Pastures).

Tillage Lands

(including all Crops

and Fallows).

Statute Acres.

Statute Acres.

1850

*

t 4,558,168

1855

10,872,968

4,436,035

1860 •

11,078,152

4,411,454

1865

11,501,905

3,998,968

*

1870

11,740,706 '^

3,885,945

1875

12,354,005

3,399,001

1§80

12,168,933

3,186,665

* Extent of Land under Grass not published in the Agricultural Report for ISiSO.
t Exclusive of Fallow not published in the Agricultural Report for 1850.

General Register Office,

Charlemont House, Dublin,

31st January 1881.

T. W. GEIMSHAW,

Registrar- General. ,

■/-■>■;

^m

\H^

(23.)

A . -5 (^4-0^

SuT

^COH^:

p ^,' :"■ ?

\

TY

^„ UBRABV /

02

Si.
>4

I-

s

«

8

«SS

3

12!

Pj o

■=-10
to Ma

is-

'-I H
•- o

o
a

6

>
in

CD

21
O
CD

IRISH LAND BILL, 1870.

RETURN

To an Ordkr of the House op Lords, dated 12th May 1881,

FOK

Pkint of the Irish Land Bill^ 1870, as read a first time in the House
of Lords, showing by difference of Print or Ink, or by both Methods,
the Amendments made in the Bill as returned to the Commons,
and what afterwards became of such Amendments, i.e., whether
Agreed to or Disagreed to or further Amended.

[Note. — The Lords' Amendments are shown in red ink, those in ordinary type being the
Amendments miido dnring the passage of the Bill through the House, those in italic being made
on consideration of the Amendments made by the Commons to the Lords' Amendments.

The Amendments made by the Commons on consideration of the Lords' Amendments are shown
'n black ink and italic type.

The words struck through in red ink were omitted by the Lords ; the words in red struck through
in black were inserted by the Lords and omitted ))y the Commons.

Where either House disagreed to an Amendment, the words " Disagreed to " are printed in
thick type, and in the distinguishing coloui' — -black for the Commons and red for the Lords.

Further explanations are given when necessary in foot notes.]

BILL

intituled

An Act to amend the Law relating to the Occupation and
Ownership of Land in Ireland.

TT7HEBEAS it is expedient to amend the law relating to the
* ' occupation and ownership of land in Ireland :
Be it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows : —

PART I.

Law oe Compensation to Tenants.
Claim to Compensation.
1. The usages prevalent in the province of Ulster, which are Legality of
known as, and in this Act intended to be included under, the ^^^'®''
denomination of the Ulster tenant-right custom, are hereby declared cu^tom"^ *
to be legal, and shall in the case of any holding in the province
(84) A

Legality of
tenant

custom other
than Ulster
custom.

( 2 )
of Ulster proved to be subject thereto, be enforced in manner
provided by this Act.

Where the landlord has purchased or acquired or shall hereafter
purchase or acquire from the tenant the Ulster tenant-right custom
to which his holding is subject, such holding shall thenceforth cease
to be subject to the Ulster tenant-right custom.

A tenant of a holding subject to the Ulster tenant-right custom,
and who claims the benefit of such custom, shall not be entitled to
compensation under any other section of this Act ; but a tenant of
a holding subject to such custom but not claiming under the
UMor tenant right oustom same shall not be barred from making
a claim for compensation, with the consent of the Court, under any
of the other sections of this Act except the section sovon relating to
compensation in respect of ■paj/ment to incoming tenant ; and where
such last-mentioned claim has been made and allowed such holdings
shall not be again subject to the Ulster tenant-right custom.

2, If, in the case of any holding not situate within the province of
Ulster, it shall appear that an usage prevails which in all essential
particulars corresponds with the Ulster tenant-right custom, it shall
in like manner, and subject to the like conditions, be deemed legal,
and shall be enforced in manner provided by this Act.

Where the landlord has purchased or acquired or shall hereafter
purchase or acquire from the tenant the benefit of such usage as
aforesaid to which his holding is subject, such holding shall thence-
forth cease to be subject to such usage.

A tenant of any holding subject to such usage as aforesaid, and
who claims the benefit of the same, shall not be entitled to claim
compensation under any other section of this Act, but a tenant of
a holding not claiming the benefit of such usage shall not be barred
from making a claim for compensation with the consent of the Court
under any of the other sections of this Act, and where such last-
mentioned claim has been made and allowed, such holding shall not
be again subject to such usage as aforesaid.

Compen-
sation in
absence
of custom.

Disagreed to.

3. Where the tenant of any holding held by him under a tenancy
created after the passing of this Act is not entitled to compensation
under sections one and two of this Act, or either of such sections
or if entitled does not seek compensation under said sections or
either of them, and is disturbed in his holding by the act of the
landlord, he shall be entitled to such compensation for the loss which
the Court shall find to have been be sustained by him^nby reason of
quitting his holding, to be paid by the landlord, as the Court may
think just, so that the sum awarded doer, not exceed the scale fol-
lowing ; that is to say.

In the case of holdings valued under the Acts relating to the
valuation of rateable property in Ireland at an annual value
of—

"^ iS&iO- £4 and under a sum which shall in no case exceed
seven years rent ;

(1-;

( ^ )

(2.) Above ^£4 and not exceeding £10, a sum which shall Disagreed to.

in no case exceed six years rent ;
(2.) Above £10 and not exceeding ^eB#£ 20, a sum which Disagreed to.

shall in no case exceed five years rent ;
(3.) Above'H6^£20, and not exceeding £40, a sum which Disagreed to.

shall in no case exceed four years rent ;
(4.) Above £4iO and not exceeding £50, a sum which shall

in no case exceed three years rent ;
(5.) Above £50 and not exceeding £100, a sum which shall

in no case exceed two years rent ;
(6.) Above £100 a sum which shall in no case exceed one
year's rent ;
But in no case shall the compensation excqed the sum of £250.

Any tenant in a higher clasB ot the- eoalo mayi at Mo option,
olaim to bo oomponoatod on oo muoh only of hio rent aa will bring
him into a Iowqj olaoo.

Any tenant in a higher class of the scale may, at his option,
claim compensation under a lower class, provided such compensation
shall not exceed the sum to which he would be entitled tmder such
lower class, on the assumption that the annual value of his holding
is reduced to the sum {or where two sums are mentioned the highest
sum) stated in such lower class, and that his rent is proportionally
reduced. \

If it shall appear to the Court that during the tenancy in respect
of which compensation is claimed under this section the landlord
or his predecessor in title has within the twenty yeaxs preceding
expended money in improvements on the holding, and the rent has
been increased in consequence of such expenditure, then the rent by
reference to which compensation shall be assessed under this section
shall be the actual rent after deducting the annual sum by which
the same has been increased in conseciuence of such expenditure,
but so that the annual sum thus deducted shall not exceed interest
after the rate of 5^. per cent, per annum on the sum expended; and
whenever there shall appear to have been an increase of rent since
the expenditure in improvements by the landlord or his predecessor
in title, it shall be presumed, in the absence of evidence to the
contrary, that the increase was in consequence of the expenditure, -
Provided, that no tenant of a holding valued at a yearly sum
exceeding -^10 £A , and claiming under this section more than Disagreed to.
four years rent, and no tenant of a holding valued at a yearly sum
not exceeding-£4a £4 , and claiming as aforesaid more than five Disagreed to
years rent, shall be entitled to make a separate or additional claim
for improvements other than permanent buildings and reclamation
of waste land.
Provided that, —

(1.) Out of any moneys payable to the tenant under this section
all sums due to the landlord from the tenant or his
predecessors in title in respect of rent, not exceeding ^Aree Disagreed to.
years rent, or in respect of any deterioration of a holding

o

o

xn

( 4 )
arising from non-obseryance on the part of the tenant of
any express or inaplied covenant or agreement may be
deducted by the landlord, and also any taxes payable by
the tenant due in respect of the holding, and not recover-
able by him from the landlord : _
(2.) A tenant of a holding who at any time after the passing of
this Act subdivides such holding or sub-lets the same or
any part thereof without the consent of the landlord m
writin"-, or aftef he has been prohibited in tcntmg by the
landlord or his agent from so doing lets the same or any
part thereof in conacre, save for the purpose of being solely
used and which shall be solely used for the growing of
potatoes or other green crops, the land being properly
mured, aftor ho ban boon prohibited in writing by

ma')

landlord or bio agent from do doingr shall not, nor shall
any sub-ienant of or under any such tenant as last afore-
said be entitled to any compensation under this section,
with thio qualifioation, that in tho oaoo of holdinge of
twenty "five aefoo and upwardo of tillage land^ tlio lotting
by a tenant of a portion of land to agrioultm-al labourope
bona fide required foi^ tho oultivation of tho holding for
cottages or gardono, not oxoooding half an aoro in oaoh oaoo,
and not being in numboj ouoh ao to raiao the total of ouch
cottages on the holding to moro than ouo for ovory twenty
five sicres of tillage land, chall not bo doomod to bo a eub
division or sub-letting of land for tho purpococ of this
section i
Provided that no tenant of any holding shall erect any
labourog's oottago on hie holding without first applying to
' tho landlord or bio Imown agent for libci'by 30 to do ; and
in case the landlord shall within twolvo monthc from ouoh
application ev&(ti the cnttngp nt bis nwn ^^pp^-"^^, ^^^^^

said holding :
(3.) A tenant of a holding under a lease made after the passing
of this Act, and granted for a term certain of not less than
Disagreed to. thirty ono twenty-one years, shall not be entitled to any

compensation under this section, but he may claim com-
pensation under section four of tiiis Act.
The tenant of any holding valued under the Acts relating to the
valuation of rateable property in Ireland at an annual value of not
more than one hundred pounds and held by him under a tenancy
from year to year existing at the time of the passing of this Act
shall, if disturbed by the Act of his immediate landlord, be entitled
to compensation under and subject to the provisions of this section.
Any contract made by a tenant by virtvie of which he is deprived
of his right to make any claim which he would otherwise be entitled
to make under this section, shall, so far as relates to such claim,
be void both at law and in equity ; this provision shall be subject

( 5 )

to the enactment contained in the Iwelf^i' section of this ■ Act
relating to the partial exemption of certain tenancies ofithio Aot and
remain in force for twenty years from the first day of January one
thousand eight hundred and seventy-one, and thereafter until no
longer unless Parliament shall otherwise determine.

4. Any tenant of a holding who is not entitled to compensation Compeiisa-
under sections one and two of this Act, or either of such sections, ^'o"! '" J?'

' ■ ' speet 01 im-

or if entitled does not make any claim under the said sections, or provemenis.
either of them, may on quitting his holding, and subject to the
provisions of section three of this Act, claim, compensation to be
paid by the landlord under this section in respect of all improve-
ments on his holding made by him or his predecessors in title.
Provided that,—

(1.) A tenant shall not be entitled to any compensation in Exception of
respect of any of the improvements following, that is to !'r'^*'^g|^g^tg
say,—

{a.) In respect of any improvement made before the
passing of this Act and twenty years before the passing
of thio Act claim of such compensation shall have been
made except permanent buildings and reclamation of
waste land ; or,

(6.) In respect of any improvement prohibited in
writing by the landlord as being and appearing to the
Court to be calculated to diminish the general value of
the landlord's estate and made within two years after
the passing of this Act, or made during the unexpired
residue of a lease granted before the passing of this
Act ; or,

(c.) In respect of any improvement made either
before or after the passing of this Act in pursuance
of a contract entered into for valuable consideration
therefor; or,

{d.) (Subject to the rule in this section mentioned as
to contracts) in respect of any improvement made, either
before or after the passing of this Act, in contravention
of a contract in writing not to make such improvement ;
or,

{e.) In respect of any improvement made either
before or after the passing of this Act, which the land-
lord has undertaken to make, except in cases where the
landlord has failed to perform his undertaking within a
reasonable time.
(2.) A tenant of a holding under a lease or written contract made Exception
before the passing of this Act shall not be entitled on of certain
being disturbed by the act of the landlord in or on
quitting his holding to any compensation in respect of
any improvement, his title to which io right to which
compensation is expressly excluded by such lease or
contract :
(84) B

( 6 )

(3 ) A tenant of a holding under a lease made fter before or
^ ^ after the passing of this Act, for a ternacertam of not le^s

than thirty-one years, or in case of leases naade before the
passing of this Act for a term of a life or liYes with or
without a concurrent term of years, and which leases shall
have existed for thu-ty-one years before the making of the
claim, shall not be entitled to any compensation m respect
of any improvement unless it is specially provided in the
lease that he is entitled to such compensation, except
permanent buildings and reclamation of waste land ; and
tillages or manures, the benefit of which tillages or
manures is unexhausted at the time of the tenant quitting
his holding :
(4.) A tenant of a holding, who is quitting the same voluntarily,
shall not be entitled to any compensation in respect of any
improvement when it appears to the Court that such
tenant has been given permission by his landlord to dis-
pose of his interest in his improvements to an incoming
tenant upon such terms as the Court may deem reasonable,
and the tenant has refused or neglected to avail himself of
such permission :
(5.) Out of any moneys payable to the tenant ander this section
all sums due to the landlord from the tenant or his
predecessors in title in respect of rent, not exceeding three
Disagretid to, years reiit,ov in respect of any deterioration of the holding

arising from non-observance on the part of the tenant of
any express or implied covenant or agreement may be
deducted by the landlord, and also any taxes payahle by
the tenant due in respect of the holding and not
recoverable by him from the landlord.
Any contract between a landlord and a tenant whereby the tenant
is prohibited from making such improvements as may be required
for the suitable occupation of his holding and its cultivation in a
due coursQ of huebandr^i- (J^e ciiin^ .siou, shaU be void both at law
and in equity, but no improvement shall be deemed to be required
for the suitable occupation of a tenant's holding and its cultivation
in a duo oonrno of bucbandry due cultrvoi iod, which appears to the
Court to diminish the general value of the estate of the landlord ;
nor shall anything in this Act contained authorise or empower any
tenant or occupier^ without the previous consent in writing of the
landlord, to break up or till any land or lands usually let, occupied,
or used as grazing or grass lands, or let expressly as grazing or
meadow land, or to cut timber without the consent of the landlord ;
provided that the tenant may cut timber planted and registered by
him or his predecessors in title.

Any contract made by a tenant by virtue of which he is deprived
of his right to make any claim which he would otherwise be entitled
to make under this section shall, so far as relates to such claim, be
void both at law and in equity, subject, however, to the enactment
contained in the i^vtlCiL section of this Act relating to the partial

( 7 )

exemption of certain tenancies, and to the provision in tbis section
as to any improvement made iu pursuance of a contract entered
into for valuable consideration therefor.

Where a tenant has made any improvements before the passing
of this Act on a holding held by him under a tenancy existing at
the time of the passing thereof, the Court in awarding compensation
to such tenant in respect of such improvem.ents shall, in reduction
of the claim of the tenant, take into consideration the time during
which such tenant may have enjoyed the advantage of such
improvements, also the rent at which such holding has been held
and any benefits which such tenant may have received from his
landlord in consideration, expressly or impliedly, of the improvements
so made.

5. For the purposes of compensation under this Act in respect of Presumption
improvements on a holding which is not proved to be subject either ^^ I'^spec o
to the Ulster tenant-right custom or to such usage as aforesaid, ments.
or where the tenant does not seek compensation in respect of such
custom or usage, all improvements on such holding shall, until the
contrary is proved, be deemed to have been made by the tenant or
his predecessors in title, except in the following cases where com-
pensation is claimed in respect of improvements made before the
passing of this Act, —

(1.) Where sach improvements have been made previous to the

time at which the holding in reference to which the claim

is made was conveyed on actual sale to the landlord or

those through whom he derives title :

(2.) Where the tenant making the claim was tenant under a lease

of the holding in reference to which the claim is made :
(3.) Where such improvements were made twenty years or

upwards before the passing of this Act :
(4.) Where the holding upon which such improvements were
made is valued under the Acts relating to the valuation of
rateable property in Ireland at an annual value of more
than one hundred pounds.
(5.) Where the Court shall be of opinion that in consequence of
its being proved to have heen the practice on the holding,
or the estate of whicli such holding forms part, for the
^ landlord to make such improvements, such presumption
ought not to be made :
(6.) Where from the entire circumstances of the case the Court
is reasonably satisfied that such improvements were not
made by the tenant or his predecessors in title :
Provided always, that where it is proved to have been the practice
on the holding, or the estate of which such holding forms part, for
the landlord to assist in making such improvements, such presump-
tion shall be modified accordingly,
i ' « . Any landlord m- and tenant who may be desirous of preserving Clause a.

yimendments I evidence of any improvements made by himeolf or by hiu themselves ^®™'ss?e
Disagreed to. I or either of them or by their or either of their predecessors in title of improve-

* ments.

■ Compen-
sation in
respect of
payment to
incoming
tenant.

( 8 ) ^

before or after the passing of this Act, may jointly atauytime
(oubjcot to tho proidoi'ju' hoiiuin aftor nutm

file a schedule

frri 111

*«^i vidence

in the Landed Estates Coiu't, specifying such improyements, and
claiming the, same ...^ ,nadr hy liimudf or hia piLdu,^ i- . titlr-
accordingly ;xw\ such schedule so filed shall be !■ ■ i^-'' f
that such improvements were made as therein mentioned :
always, that notice in trritin^^ P tho intention to file oue-h
together -with a copy Llicrcof, Dhall be gi^^i^ by

■, ^,,i'i ^M. f.-i r -1 M.. — bciug of the il'il I'l

V itfi'l

i*4-

I II !.'

-ttrH

Mf+e4-

nt-

■t+i-

laif.ry'

-fflr

■mado (oj
the p

iT'Ofjc,') ;.''<-.'i

rurin i3rM'r

iiiijH I'l ir''ii, "B

O

o

bo
02

02

to filr r]

n.ie th" — '

TT+TTT

■^Y

#4-

— 4*i

pcraon

)cv\ij within tho ] rib

..TTTTt-

-tr

rrn

ipply to •'•he Civ J ''1 C

;i.il 'U'l. '

-TTTtT^

'It iinl

II cc, an
oil lcav(.

ch caac — — b-

avc bcc ive.j- ' lile

e.iLiii.'j

!'i.' s ■n\

Dill Cuurt, pruv

! i or in any ', . — idfcd form by the . '"^

I bat bcloi.

I any Auch scli

pruuf b^'Hll 1,1

L^mded Es^

by &fca'.u.L

CD

a

<!

in
O

o
O

dbelar?^

liei'eb'-

fTT

"TTnt

by the parly r.

buei

-FrtjT

uuLi

urL ; or (ii

any -iiMjh appllualluii has bwn madu) lliai le^v.^ 'i- 'a given by,
LLij Civil Bill CuuH Lu file such bcbedule.*

6. Where any tenant of a holding does not claim or has not
obtained compensation under sections one, two, or three of this Act,
and it is proved to the satisfaction of the Court that any such tenant,
or that his predecessors in title on coming into his holding paid
money or gave money's worth with the express or implied consent
of the landlord on account of his so coming into his holding, the
Court shall award to such tenant on quitting, his holding in respect
of the sum so paid such compensation as it thinks just, having
regard to the circumstances of the case ; but such tenant shall not
be entitled to any compensation under this section when it appears
to the Court that such tenant has been given permission by the
landlord to obtain such satisfaction from an incoming tenant in
respect of the money so paid, or the money's worth so given by
him, and on such terms as the Court may think reasonable, and
such tenant has refused or neglected to avail himself of such per-
mission ; moreover where the money or money's worth paid or given
by any tenant claiming compensation under this section on coming
into his holding was paid or given in whole or in part in respect
or as covering the value of any improvements on Jwg. the holding
care shall be taken that such tenant shall not receive compensation
m respect of the same improvements under this section and also
under some other section of this Act : Provided, that out of any

* The Commons Amendments being disagreed to, this Clause passed in the form
originally proposed by the Lords.

( 0 )

moneys payable to the tenant under this section all sums due to the

landlord from the tenant or his predecessors in title in respect of

rent not exceeding three years rent or in respect of any deterioration Disagreed to.

of a holding arising from non-observance on the part of the tenant

of any express or implied covenant or agreement, and also any

taxes payable by the tenant due in respect of the holding, and not

recoverable by him from the landlord, may, if not deducted under

the provisions of section four of this Act, be deducted by or on

behalf of the landlord : Provided always, that this section shall not

apply when such money or money's worth has been paid during the

existence of a lease made before the passing of this Act.

7. Where a holding is proved to be subject to the Ulster tenant- Compen-

right custom, or such usage as aforesaid, and where the tenant nation in
° ' ° ' respect ot

claims under such custom or usage and such custom or usage extends crops,
to away-going crops, the compensation payable in respect of away-
going crops shall be dealt with according to the custom or nsage,
but the tenant of every other holding, which is not proved to be
subject to the Ulster tenant-right custom or such usage as afore-
said, or in respect of which no claim is made under such custom or
usage, shall, in the absence of any agreement in writing to the con-
trary, on quitting his holding, be entitled to all his away-going
crops, or at the option of the landlord to be paid the value of the
same.

8. For the purposes of this Act ejectment for nonpayment of Limitation

rent or for breach of any condition against assignment, sub-lettinsr, ^^ todiaturb-
, ■, . .1 1 11 ; , n ,1. ^'ance in hold-

bankruptcy, or insolvency shall not be deemed disturbance of the ing.

tenant by act of the landlord, unless the Court dooidoo that it ought
on spooial grounds to bo oo doomed in the oaac of a pcraon claiming
compensation on the determination by such ejectment of a tonaucv
existing at the time of tho passing of thio Aot, and continuing to
exist without any alteration of rent up to the time of auch deter-
mination;* and for the purposes of this Act a person who is ejected
for nonpayment of rent, or for breach of any such condition as
aforesaid and is not disturbed by act of the landlord within the
meaning of this Act, shall stand in the same position in all
respects as if he were quitting his holding voluntarily. Provided,
that in the case of a person claiming compensation on the deter-
mination by ejectment for nonpayment of rent of a tenancy existing
at the time of the passing of this Act, and continuing to exist
without alteration of rent up to the time of such determination, the
Court may, if it think fit, treat such ejectment as a disturbance if
the arrear of rent in respect of which it is brought did not wholly
accrue within the three previous years, and if any earlier arrear
remained due from the tenant at the time of commencing the eject-
ment :f or if in case of any such tenancy of a holding vffhwd imdoi^.

* This Amendment was disagreed to by the Commons and insisted on by the Lords.

t This proviso was originally disagreed to by the Commons and insisted on by the
Lords. The Commons then added the words in itah'cs, which again were amended by
the Lords as above.

(84) C

Exception
in case of
lands re-
quired for
labourers
cottages.

Derivative
title of
tenant.

Partial
exemption
of certain
tenancies.

Clause B.
Eestrictioii
as to com-
pensalion in
certain cases
of assign-
ment.

( 10 )

the Aot& poimtin^ id th& miMotUoa of mioMo p^^opo^'tij m Jv^hmd
heldat an cmtmal vtOm- rent not ea;ceeding fifteen pounds the Court
shall boofopimon certify that the nonpayment of rent causing the
evietion has arisen from the rent being an emomim eceorUtanP'ent :
Provided, that no tenant who shall have given notice of surrender,
and afterwards refuse to give up possession in pursuance of such
notice, shall he entitled to any compensation under section three
of this Act though evicted by the landlord in a suit founded on
such notice.

9. Any landlord may, after six months notice in writing, to he
served upon the tenant, or left at his house, resume possession from
a yearly tenant of so much land (not to exceed in the whole one
twenty-fifth part of any individual holding), as he may require for
the bona fide purpose of erecting thereon one or more labourers
cottages, with or without gardens attached, and such resumption
of land shall not, unless the Court shall be of opinion that same
was unreasonable, be deemed a disturbance of the tenant within
the meaning of this Act, and shall not subject the landlord to any
claim for compensation, except in respect of improvements, beyond
a propoptioncuto an abatement of rent proportionate to the anniial
value of the land so taken by the landlord.

10. i'or the purposes of this Act a tenant shall be deemed to have
derived his holding from the preceding tenant if he has paid to
such preceding tenant any money or given to him any money's
worth in respect of his holding, or has taken such holding by
assignment or operation of law or by sticcession from the preceding
tenant ; and where a succession of tenants have derived title each
from the other the earlier in such succession shall be deemed to
be the predecessor of the later, and the later in such succession
shall be deemed to be the successor of the earlier.

11. A tenant of a holding which is not proved to be subject
to the Ulster tenant-right custom or such other usage as aforesaid,
whose holding or the aggregate of whose holdings in Ireland is
valued under the Acts relating to the valuation of rateable property
in Ireland at an annual value of not less than fifty pounds, shall
not be entitled to make any claim for compensation under any
provision of this Act in cases where the tenant has contracted in
writing with his landlord that he will not make any such claim.

Where the holdmg In respect of wliieh compensation is
claimed under section three of this Act is held under a tenancy from
y^ar to year existing at the time of the passing of this Act, and
such tenancy is assigned without the consent of the landlord, and
the landlord does not accept the assignee as his tenant, no compen-
sation shall be payable by the landlord under the said section in any
of the cases following :

(1.) Where the rent of such holding is in arrear at the time of
such assignment so as to render the tenant liable to evic-

( 11 )

tion for nonpayment of rent, and such arrear is due by the

tenant :
(2.) Where such holding forms part of an estate upon which the

assignment "Kf holdings without the consent or approval of

the landlord is contrary to or not warranted by the practice

prevalent upon such estate :
(3.) Where the Court shall be of opinion that the refusal of the

landlord to accept such assignee as tenant is a reasonable

refusal : '
Provided always, that the transmission of a tenancy by bequest to
the husband or wife, or to any one child or grandchild, or to any one
brother or sister, or to any one child or grandchild of a brother or
sister of the tenant, ov the devolution of a tenancy by operation of
law upon an intestacy or marriage, shall not be deemed an assign-
ment within the meaning of this section.

Where it is proved to the Court that the tenant of any Clause C.
■^ . , . Eviction in

holding held under a tenancy from year to year existing at the time certain cases

of the- passing of this Act is evicted by the landlord by reason of ^ot'^'^J'®

the persistent exercise by such "tenant of any right not necessary disturbance.

' to the due cultivation of his holding, and from which such tenant

is debarred by express or iinplied agreement with his landlord,

such eviction shall not be deemed a disturbance of the tenant by

the act of the landlord, or where the tenant of any holding so held

as last aforesaid at the time of the passing of this Act is evicted

by the landlord by reason of the tenant's unreasonable refusal to

allow the landlord, or any person or persons authorised, by him in

that behalf, he or they malsing reasonable amends and satisfaction .

for any injury to be done or occasioned thereby, to enter upon the

holding for any of the purposes following; that is to say.

Mining or taking nainerals ;

Quarrying or taking stone, marble, gravel, sand, or slate ;

Cutting or taking timber or turf ;

Opening or making roads, drains, and watercourses ;

Viewing or examining the state of the holding and all buildings
or improvements thereon ;

Hunting, shooting, or fishing, or taking gaine or fish :
Such eviction shall not be deemed a disturbance of the tenant by the
act of the landlord, unless it shall be shown that the landlord is
persisting in such eviction after such refusal has been withdrawn by
the tenant.

12. No compensation shall be payable under the preceding pro- Exemption

• • P j-i • A I • J. £ of certain

Visions of this Act m respect oi — j^j^^g

(1.) Any desmesne land, or any holding ordinarily termed
" townparks " adjoining or near to any city or town which
shall bear an increased value as accommodation land over
and above the ordinary letting value of land occupied as a
farm, and shall be in the occupation of a person living in
such city or town, or the suburbs thereof, or any holding

( 12 )

let to be ^secl wholly or mainly for the purpose of pasture,
and valued under the Acts relating to the valuation of
property in Ireland at an annual value of not less than
fifty pounds, or any holding let to be used wholly or
mainly for the purposes of pasture the tenant of which
does not actually reside on the same, unless such holding
adjoins or is ordinarily used with the holding on which
such tenant actually resides : Provided, that nothing
herein contained shall prevent the tenant of any such
holding making any claim which he otherwise would be
entitled to make under sections four, five, and sis, seven,
of this Act ; or,

(2.) Any holding which the tenant holds by reason of his being
a hired labourer or hired servant of the landlord-; or,

(3.) Any letting in conacre or for the purposes of agistment or
for temporary depasturage ; or,

(4.) Any holding let and expressed in the document by which it
is let to be so let for the temporary convenience or to meet
a temporary necessity either of the landlord or tenant, and
the letting of which has determined by reason of the cause
having ceased which gave rise to the letting ;

(5.) Any cottage allotment not exceeding a quarter of an acre.

Troceedings in rested of Claims.

13. Every tenant entitled under this Act to make any claim
in respect of any right or for payment of any sums due to him
by way of compensation, and about to quit his holding, may
within the prescribed time serve a notice of such claim on his
landlord, or in his absence his known agent. The notice shall be
in writing in the prescribed form, and shall state the particulars
of such claim, subject to such amendment as the Court may allow,,
together with the dates at which and the periods within which
such particulars are severally alleged to have accrued, a-^d, where
such claim or any part of the same is in respect of compensation
under the provisions of section three of this Act, the number of
years rent claimed shall be specified.

14. On the receipt of the notice the landlord shall be deemed to

have admitted the claim made by the tenant unless within the

prescribed time and in the prescribed manner he serves a notice

on the tenant, stating that he disputes the whole or some portion

of the claim made by the latter, and upon service of such notice

by a landlord on the tenant a dispute shall be deemed to have arisen

between the landlord and the tenant as to the whole or a portion of

such claim, and such dispute shall be decided by the Court , unless

within the time and in the manner prescribed in that behalf such

dispute shall have been settled by agreement between the landlord

and tenant.

15. On the hearing of any dispute between landlord and tenant
randlordand under this Act, either party may make any claim, urge any objec-

tenant.

Proceedings
by tenant.

Proceedings
by landlord.

Equities
between

( 13 )

tion to the claim of the other, or plead any set-off such party may
think fit (including in the case of a landlord any moneys paid on
account of the purchase of the right of the tenant under the [Jlster
tenant-right custom or such usage as aforesaid), and the Court shall
•take into consideration any such claim, objection, or set-off, also
■any such default or unreasonable conduct of either party as may
•appear to the Court to affect any matter in dispute between the
-parties, and shall admit, reduce, or disallow altogether any such
^Jaim, objection, or set-off made or pleaded on behalf of either party
as the Court thinks just, giving judgment on the case with regard
to all its cu'cumsta.nces, including such consideration of conduct as
aforesaid, and. the Court shall have jurisdiction at the hearing of any
such dispute to ascertain what sums, if any, shall be deemed due
by the tenant to the landlord under sections three, four, and ^*-
seven of this Act, or any set-off in respect of unliquidated oi-
liquidated damages under said sections, or any of them ; and in any
case in which compensation shall be claimed under section three
of this Act, if it shall appear to the Court that the landlord has
been and is willing to permit the tenant to continue in the occu-
pation of his holding upon just and reasonable terms, and that such
terms have been and are unreasonably refused by the tenant, the
claim of the tenant to such compensation shall be disallowed.

In every case of dispute between landlord and tenant heard Claused.
before the Civil Bill Court the order of the Court shall be reduced court to be
into writing in the form of a decree or award (as the case may be), in writing,
and shall state the items of claim allowed, that is to say, the parti-
culars-ft«d e*- ebaraotor* of loss Sustained by the tenant in quitting his
holding, and of the improvements and payment to his predecessor
in title in respect to which compensation may have been awarded
to the tenant under the third, fourth, and seventh sections, and
also the particulars of any set-off, objection, default, or conduct
allowed or taken into account. Such decree or award to be made
in the prescribed form.

16. Where in the case of any holding there are several persons Provision in
standing in the relation to each other of landlord and tenant, and T^^ °^.

. . ' derivative

the circumstance ot any one ot such tenants quitting his holding by estates iu
reason of disturbance or otherwise involves the interest of any of hj.idln™*'
such persons other than the tenant quitting his holding, the Court
shall determine the whole amount payable under this Act on the
occasion of such tenant quitting his holding, and shall direct pay-
ment of the same by such person and to such one or more of the
persons interested, and in such manner as the Court thinks just :
Provided, that this section, shall not affect the Ulster tenant-right
custom or such usage as aforesaid to which any holding is proved
to be subject.

* The Lords proposed " particulars and character." The Commons substituted
" particulars or character." The Lords thereupon struck out " or character " re-
quiring particulars only in all cases. This Amendment was disagreed to by the
"Commons, but insisted on by the Lords.

(84.) D

Restriction
on eviction
of tenant.

Court to
mean Clivil
Bill Conrt
or Court of
Arbitrotion.

Civil Bill
Court.

( 14 )

17. A tenant who may be decided by the Court to be entitled to
compensation to be paid by any landlord shaU not be compelled by
process of law to quit his holding until the amount of compensation
due to him has been paid or i^uLluilod, imlcoa -Lho jud^c or^etemttim
bcfuit whv,m Lhu L/ML jhall be kitd ahall uOhtnti^t diiLul, upun Lhi;
payment of ouoh oum into CoiiH-<i^ Hio jud^^ ui "^"■'■"''";;^;Y
order,- and any amount payablo phnll bo doomofl to bu a tlGbt^fee
to him from ouoh landlord/ and tho iomni may not uH ulllL delif
againat any ront for tho timo boing duo from him Lu uuob ImifllnM
in rcapcot of hio holding, but not oo ao to defeat an ojooLmont iov

in ojootmont for nonpayment of rent chall rodoom, purauant to the
StatutoD in that bohalf, tho amount duo for ouoh oomponpation m
fiforoaaid ohall not bo doduotod in ootimating tho amount payable
for redemption deposited in manner herein-after mentioned. A
landlord shall in all cases have the option of depositing in the
manner prescribed the amount of compensation due ; and if at any
time after the making of a claim for compensation as herein-before
directed, and before finally giving up possession of his holding, a
tenant shall be alleged to have done any damage to his holding or
the buildings thereon, the Court shall inquire into the same, and
allow to the landlord out of the money so deposited such compen-
sation as it may deem just, including mesne rates. In no case
shall a tenant, except by special leave of the Court, be entitled to
receive the money so deposited until he shall have given up
pqssession of his holding. Where compensation is awarded in
respect of any holding to be paid by any landlord who is himself a
tenant of such holding, the tenant to whom such compensation is
awarded shall not by reason of such compensation not being paid
or deposited in manner iaforesaid by such landlord be entitled under
this section, as against a superior landlord not liable to such com-
pensation, to retain possession of the holding after the expiration or
determination of the title thereto of the landlord bv whom such
compensation was so awarded' to be paid as aforesaid.

Court to award Coiupensation .

18. Tor the purposes of this part of this Act the Court shall
mean one or other of the tribunals following ; that is to say, —

The Civil Bill Court of the county where the matter requiring
the cognizance of the Cotirt arises ; or.

The Court of Arbitration constituted as in this Act mentioned.

"Where a matter requiring the cognizance of the Court arises in
respect of a holding situate within the jurisdiction of more than
one Civil Bill Court, any Civil Bill Court within the jurisdiction of
which any part of the holding is situate may take cognizance of the
matter.

19. The judge of the Civil Bill Court (herein-after called the
chairman) shall in all cases brought before him under the provisions
of this Act have power to take evidence upon oath, and to compel

( 15 )

the attendance of witnesses, and shall have all and the same powers,
jurisdiction, and authority as in cases of Ciyil Bill ejectment
coming within his jurisdiction as such judge : Provided always,
that the judge shall himself without a jury decide any question of
fact arising in any case brought before him under this Act.

Tiie chairman may, with the consent of both parties, hear and
determine any case brought before him under this Act in chamber
if he so thinks fit, and when so sitting in chamber he shall have all
and the same powers, jurisdiction, and authority in respect to cases
so heard as if sitting in open court.

The chairman may, within the prescribed time after making any
order, review or rescind or vary any order previously made by him,
but, save as aforesaid, and as provided by this Act with respect to
appeal, every order of the Civil Bill Court shall be final.

Any order made by the chairman under this Act may be enforced
by attachment or otherwise in the same manner as if it were the
order of any of the suj)erior courts of common law at Dublin, and
if such order made by the chairman be for the payment of money
it may also be enforced in the same manner as civil bill decrees for
money demands made by such chairman.

20. Any person aggrieved by any order of the chairman made Appeal from
under this Act may, within the prescribed time and in the pre- (jourt.
scribed manner, appeal therefrom in manner following ; that is
to say,

(1.) Where such order has been made in the county or the
county of the city of Dublin to two judges of the superior
courts of common law to be from time to time selected by
the Court for Land Cases reserved :

(2.) Where such order has been made elsewhere to the judges of
assize of the county in which such order has been made :
And every such appeal, so far ao tho came involvoe quoetionc of
ia<st, may be heard and determined by one of the said judges ; but
in case any question of law shall arise upon any such appeal the
judge before whom such questian arises may, if he thinks fit,
require that the same shall be heard and determined by both the
said judges, and thereupon such question shall be heard and deter-
mined by both the said judges, who shall for such purpose sit
together.

The judge or judges hearing such appeal may give judgment
affirming, reversing, or modifying the order appealed from, and
may finally decide thereon, and make such order as to costs in the
Court below and of the appeal as may be agreeable to justice ; and
if the judge or judges alter or modify the order, such order so
altered or modified, and signed by the judge or judges, shall be of
the like effect as if it were the order of the Civil Bill Court. The
judge or judges may also, in cases where he or they think it
expedient so to do, instead of making a final order, remit the case,
with such directions as he or they may think fit, to the Court
below.

( 16 )

The judges to whom any such appeal may be made may, where
they deem it expedient, reserve any matter or question arismg
upon such appeal by way of case stated lor the consideration of the
Court for Land Cases reserved at "Dublin.

The Court for Land Cases reserved at Dublin shall, for the
purposes of this Act, be constituted Id manner following ; that is
to say, the Lord Chancellor, the Master of the liolls, the Lord
Justice of Appeal, the Vice-Chancellor, and all the judges of the
Common Law Courts shall be judges of the said Court for Land
Cases reserved, and any five of such judges, the Lord Chancellor
or Master of the Rolls or Lord Justice of Appeal or the Vice-
Chancellor or oce of the chief judges of the Common Law Courts
being one, shall have power to hear and determine any matters
that shall be brought before the said Court.

The officers of the Court of Exchequer Chamber shall act as
officers of the Court for Land Cases reserved.

All cases referred to the Court for Land Cases reserved shall be
prosecuted, heard, and determined by such Court, in such manner
and form and subject to such rules and regulations as the said Court
may from time to time, by rule direct.

The Court for Land Cases reserved shall give such judgment as
ought to have been given in the Court below by the judges thereof,
and such judgment shall be of the like effect, as if it were the
judgment of the said judges, or the Court of Land Cases reserved
may remit the case with such directions as they think fit to the
Court below.

Court of 21. Where the parties to any such dispute as aforesaid respectiug

any holding are desirous that such dispute should be settled by
arbitration, they shall, in the prescribed manner and within the
prescribed time, refer the same to an arbitrator or arbitrators, with
an umpire to be appointed in manner appearing in the schedule
annexed hereto, and the tribunal so selected shall be deemed in
respect of such dispute the Court of Arbitration under this Act.

The Court of Arbitration shall, in all cases brought before it under
this Act, have all and the like powers, jurisdiction, and authority as
a Civil Bill Court under this Act, with this exception, that the
Court of Arbitration shall have no power to punish persons for
contempt, or to enforce its awards ; but it may report to the Civil
Bill Court the name of any person refusing to give evidence, or to
produce documents, or guilty of contempt of the Court when sitting
judicially ; and the Civil Bill Court may, upon such report, punisli
the offender in the same manner as if the offence had been com-
mitted in, or in respect of a matter under the cognizance of the
Civil Bill Court.

The award of the Court of Arbitration may, at the instance of
either party, be recorded in the prescribed manner and within the
prescribed time in the Civil Bill Court, and when so recorded shall
be enforceable as if the same were an order of said Court.

( 17 )

No such award shall, so far as relates to the dispute under this
Act, be held to be invalid by reason of the violation of or non-
compliance with any technical rule of law respecting awards, where
such award substantially decides the dispute referred to the Court
of Arbitration.

No appeal shall lie from an award of the Court of Arbitration, nor
shall any such award be removable by certiorari.

Powers of limited Owners.

22. The expression " limited owner " shall in this Act mean as "Limited

owner."
follows :

(1.) Any person entitled mider any existing or future settlement
at law or in equity, for his own benefit and for the term of
his own life, to the possession or receipt of the rents and
profits of laad, whether subject or not to incumbrances, in
which the estate for the time being subject to the trusts
of the settlement is an estate for lives or years renewable
for ever, or is an estate renewable for a term of not less
than sixty years, or is an estate for a' term of years of which
not less than sixty are unexpired, or is a greater estate
than any of the foregoing estates :

(2.) Any body corporate, any corporation sole, ecclesiastical, or
lay, any trustees for charities, and any commissioners or
trustees for ecclesiastical, collegiate, or other public pur-
poses, entitled at law or in equity, in the case of freehold
land to an estate in fee simple or in fee farm, and in the
case of leasehold land to a lease for an unexpired residue
of not less than thirty-one years, or for a term of years or
of lives renewable for ever, or renewable for a period of not
less than thirty-one years.

23. A landlord, being a limited owner, shall have power to agree Agreement
with a tenant as to the amount of compensation payable to him owner'*^
under this Act, and on payment of the same to the tenant, may

apply to the Civil Bill Court for an order charging the holding with
an annuity in respect of such payment, and the Court, upon being
satisfied of such payment having been made, shall charge the
holding with an annuity of five pounds for every one hundred
pounds of the sum so paid to the tenant, and so on in propor-
tion for any less sum, such annuity to be limited in favour of the
limited owner, his executors, administrators, and assigns, and to
be payable for a term of thirty-five years on the anniversary of
such date: Provided, that no such order shall be made by the
Court unless notice of the application for the same shall have
been given in the prescribed form to the person for the time
being entitled to the first estate of inheritance, if any, expectant
upon the determination of the estate of the limited owner, or if
such person shall be a married woman, infant, or lunatic, to his or
her husband, guardian, or committee respectively. Any annuity
(84.) E

( 18 )

Power of
limited
owner to
lease.

Effect of
lease by
limited
owner.

created under this section shall be a charge upon the holding
having priority oyer all estates and interests subsequent to the
estate or interest of the limited owner, but subject to any estates,
mortgages, or other interests having priority over or charged on ttie
estate of the limited owner.

24. Any limited owner shall have power to grant agricultural
leases, for any term of years absolute, or determinable at fixed
periods, subject to the following restrictions :

(1.) The term of any lease shall not exceed thirty- ono thirty-five
years :

(2.) The power of leasing conferred by this Act shall not include
any mansion house or demesne lands :

(3.) The lease shall take effect in possession, or within one year
after the execution thereof, and not in reversion, and there
shall be reserved thereby a fair yearly rent, to be inci-
dental to the immediate reversion of the holding without
taking anything in the nature of a fine, premium, or fore-
gift ; and in estimating such yearly rent it shall not be
necessary to take into account against the tenant the
increase (if any) in the value of the holding arising from

any improvements executed by him or his predecessors in
title:

(4.) The lease shall imply a condition of re-entry for nonpay-
ment of the rent thereby reserved :
(5.) The lease, if it includes any building, shall contain a clause
declaring whether the landlord or the tenant is bound to
rebuild such building in the case of the same being de-
stroyed during any part of the tenancy by fire, lightning,
or tempest, and whether the landlord or the tenant is bound
to keep the same in repair :
(6.) The lessee shall execute a counterpart of every lease, and
shall thereby covenant for the due payment of the rent
reserved :
Upon the application of any landlord or tenant the Civil Bill Court
may confirm any lease granted or proposed to be granted imder this
Act, and such Court may, if it thinks just, confirm or refuse to
confirm such lease with or without modifications, and the confir-
mation of any such lease shall be deemed conclusive evidence of the
lease being within the powers of this Act ; the confirmation of a
lease shall be certified in the prescribed manner.

25. Aay lease granted in pursuance of this Act by an individual
limited owner shall be valid against the person granting the same,
and against all persons entitled to any estate or interest subsequent
to the estate or interest of such limited owner; and any lease
granted in pursuance of this Act by any limited owner, being a
body corporate, corporation sole, trustees for charities, commissioners
or trustees for ecclesiastical, collegiate, or other public purposes,
shall bind all the estate and interest of such last-mentioned limited

( 19 )

owner ; but no lease granted by an owuor holding himself under a
lease shall continue after the expiration of the term granted by
such owner's lease.

26. AH powers of leasing given by this Act shall be deemed to Leasing
be in addition to any other powers any limited owner may possess, ^cTto^'be
and such owner may exercise any other power of leasing vested in cumulative.
him in the same manner as if this Act were not passed.

27. The Court for Land Cases reserved, or any five of the judges Rules for
of the said Court (the Lord Chancellor or Master of the Rolls Lord ^.^"/p^f^ ^f
Justice of Appeal or Vice-ChaucelTor or one of the chief judges of Act into
the Common Law Courts being one) may from time to time make,

and when made may rescind, annul, or add to rules with respect to
the following matters : —

(1.) The proceedings in the Civil Bill Court and Court of Arbi-
tration under this part of this Act :
(2.) The proceedings in Appeals under this part of this Act :
(3.) The proceedings in Land Cases reserved under this part of

this Act :
(4i.) The circulation of forms and directions as to the mode in
which this part of this Act is to be carried into execution :
(5.) The scale of costs and fees to be charged in carrying this
part of this Act into execution, and the taxation of such
costs and fees, and the persons by whom or from whom
and the manner in which such costs and charges are to be
paid or deducted, subject nevertheless to the sanction of
the Treasury as to the amount of fees to be charged :
(6.) The service of notices on incumbrancers and other persons
interested, and any other matter by this part of this Act
directed to be prescribed :
(7.) As to any other matter or thing, whether similar or not to
those above mentioned, in respect of which it may be
expedient to make rules for the pui*pose of carrying this
part of this Act into effect.
Any rules made in pursuance of this section shall be deemed to
be within the powers conferred by this Act, and shall be of the same
force as if enacted in this Act, and shall be judicially noticed.

Any rules made in pursuance of this section shall he laid before
Parliament within three weeks after they ' are made if Parlia-
ment be then sitting, and if Parliament be not then sitting,
within three weeks after the beginning of the then next session of
Parliament.

PART 11.

Sale of Land to Tenants.

28. Subject to the restrictions herein-after mentioned the landlord Application
and tenant of any holding in Ireland may agree for the sale of the *'°,^°"^* ^^^
holding to the tenant at such price as may be fixed between them ; ™g-

( 20 )

Restrictions
on sale of
Jiolding.

and upon such agreement being made they may jointly, or either
of them may separately, with the assent of the other, apply to the
Landed Estates Court in this part of this Act referred to as " the
Court " for the sale to the tenant of his holding.

29. No sale shall be made under this part of this Act unless the
landlord is the absolute owner of the land which forms the holding^
of the tenant, or such tenant for life or other limited owner as is in
this section mentioned.

"Absolute owner "• shaU in the case of freehold land mean the
owner in fee simple or in fee farm, or person capable of appointing
or disposmg of the fee, whether subject or not to incumbrances, and
in the case of leasehold land mean the owner or person capable of
disposing of the whole interest in the lease under which the land is
held, whether subject or not to incumbrances.

No holding of leasehold tenure shall be sold under this part of this
Act unless the lease under which the landlord is possessed of the
land which forms the holding is a lease for lives or years renewable
for ever, or a lease for a term of years of which not less than sixty
are unexpired at " the time of the sale being made ; and no sale
shall be made under this part of this Act by a landlord being the
owner of a leasehold under a lease containing a prohibition against
alienation unless such prohibition has determined or is waived.

" Tenant for life " shall, for the purposes of this part of this Act,
mean any person entitled under any existing or future settlement at
law or in equity for his own benefit and for the term of his own life
to the possession or receipt of the rents and profit of land, whether
subject or not to incumbrances in which the estate for the time being,
subject to the trusts of the settlement, is an estate in fee simple or
fee farm or a lease of such duration as is in this section mentioned.
" Other limited owner " shall mean any body corporate, any
trustees for charities, and any commissioners or trustees for colle-
giate or other public purposes, having an estate in fee simple or fee
farm, or possessed of such leasehold as is in this section mentioned,
whether subject or not to incumbrances.

30. The application shall be accompanied by a deposit of such
sum (if any) to be deposited by the landlord by way of security
for costs, as the Court may require. Upon the foregoing conditions
being complied with tlie Court shall make such inquiries as to the
circumstances of the holding in respect of which the application is
made, and as to the parties interested therein, either as incum-
brancers, owners, or otherwise, and as to the sufficiency of the price
and of the capacity of the landlord to sell the same, as the Court
raay think fit, and if the Court approve of the application, it shall
carry such sale into effect accordingly, and execute the necessary
conveyance to the tenant.

"^urSLer ^^' ^^^ conveyance by the Court under this part of this Act of a

I'o^be free holding to a tenant shall in the case of freehold land confer on the

Wcer"" ^'^'^^^^ ^^ ^^*^*® '"^ ^^® ^^"^P^^ °^* ^^® ^^^'^^' as ^^^ case may be, in

Sale of
holding by
Court.

( 21 )

such holding, together Avith all rights, privileges, and appurtenances
enjoyed or reputed as helonging or appertaining thereto, subject to
such charges and interests, if any, as are in this part of this Act
declared not to be incumbrances, and in the case of estates in fee
farm to the rents, covenants, and conditions expressed in the grant
relating to the land of which the holding forms the whole or part,
and on the part of the grantee, his heirs, executors, administrators,
and assigns, to be paid, observed, and performed, but free from all
other estates, iucumbrauces, and interests whatever, and shall in
the case of leasehold land vest the holding in the tenant for the
period, and subject to the rents, covenants, and conditions, expressed
in the lease relating to the land of which the holding forms the
whole or part, and on the part of the lessee, his executors, adminis-
trators, and assigns to be paid, observed, and performed, subject to
such charges and interests, if any, as are in this part of this Act
declared not to be incumbrances, but free from all other incum-
brances and estates whatsoever.

32. The following charges and interests shall not be deemed in- Certain
cumbrances within the meaning of this part of this Act ; that is ^nculT "°
to say, brances.

(1.) Quitrents and rentcharges in lieu of tithes :

(2.) Rights of common, rights of way, watercourses, and rights of

water and other easements :
(3.) Heriots, manorial rights of all descriptions, and franchises :
(4.) Charges for drainage, or other charges created under Act of
ParKament, and to be specified in the conveyance.
And every holding sold under this part of this Act shall, unless the
contrary is expressed, be deemed to be subject to such of the above
charges and interests as may be for the time being subsisting
thereon.

33. The Court shall determine the rights and priorities of the Distribution
several persons entitled to or having charges upon or otherwise ^^ P'^'""^^^^®
interested in any holding sold in pursuance of this Act, and shall
distribute the purchase money in accordance with such rights and
priorities.

Where any moneys arising from a sale under this part of this Act

are not immediately distributable, or the parties entitled thereto

cannot be ascertained, or where from any other cause the Court

thinks it expedient for the protection of the rights of the parties

interested, the Court may order the moneys to be lodged in Court

or in the prescribed bank to the prescribed account, and may by its

order declare the trusts affecting such moneys, so far as the Court

has ascertained the same, or state the facts or matters found by it

in relation to the rights and interests in such moneys ; and the

Court may from time to time make such orders in respect to any

such moneys, and the investment or application thereof, or the

payment thereof to the parties interested, as the circumstances of

the case may require.

(84.) F

( 32 )

Costa of
sale.

Cost of
distribution
of purchase
money.

General
powers of
Court in
conduct of
Sfile of land.

Rules for
carrying
second part
of Act into
effect.

34. There shall be charged, in respect of any sale made in pur-
suance of this part of this Act, such per-centage fee on the price
paid as the Treasury may prescribe, and the fees so charged shall
be paid in to the receipt of Her Majesty's Exchequer and carried
to the account of the Consolidated Fund of the United Kingdom
of Great Britain and Ireland.

35. Where any purchase moneys have been so lodged in Court
or in the prescribed bank, provision shall be made in the prescribed
manner with the sanction of the Treasury for the payment without
cost to the persons entitled to any estate or interest in or having
charges upon the holding so sold of any principal or interest moneys
to which such persons may be entitled in respect of such estate
and interest : Provided that any provision so made shall not
extend to any expense caused by disputed titles, or any expense
incurred by the failure of any person to comply with the rules for
the time being in force relating to the distribution of such purchase
moneys.

36. The Court shall have full power to apportion charges, rents,
and covenants, and decide all questions whatsoever, which it may
be necessary to decide for the purposes of this Act, and shall not
be siibject to be restrained in the due execution of their powers
under this Act by the order of any Court.

37. The Privy Council in Ireland may from time to time make,
and, when made, may rescind, annul, or add to, rules with respect
to the following matters :

(1.) The proceedings to be had under this part of this Act :
(2.) The circulation of forms and directions as to the mode in
which this part of this Act is to be carried into execution :-
(3.) The scale of costs and fees to be charged in carrying this
part of this Act into execution, and the taxation of such
costs, and the persons by whom such costs and fees are to
be paid, subject nevertheless to the sanction of the Treasury
as to the amount of fees to be charged :
(4.) The giving of notices to incumbrancers and other persons
interested, and the service of such notices and any other
matter by this part of this Act directed to be prescribed :
(5.) As to any other matter or thing, whether similar or not to
those above mentioned, in respect of which it may be
expedient to make rules for the purpose of carrying this
part of this Act into execution :
^ In framing rules under this section the Privy Council shall pro-
vide that notice of any sale to be made under this part of this Act
shall be served upon every registered incumbrancer by sending it
through the post in a prepaid letter addressed to such incumbrancer
and in proving service of any such notice it shall be sufficient to-
prove that such notice was properly directed to the incumbrancer at
his last known place of abode, and that it was put as a prepaid
letter into the post office.

( 23 )

Any rules made in pursuance of this section shall be deemed to
be within the powers conferred by this Act, and shall be of the same
force as if enacted in this Act, and shall be judicially noticed.

Any rules made in pursuance of this section shall be laid
before Parliament within three weeks after they are made, if Par-
liament be then sitting, and if Parliament be not then sitting,
within three weeks after the beginning of the then next session of
Parliament.

PART III.

Advances hy and Power's of Board.

38. Where any sums are due in respect of compensation under Advances to
this Act from a landlord to a tenant who is quitting his holding, compensa-"'^
but has not been distiu-bed by his landlord, the Commissioners of tion for im-
Pablic Works in Ireland, m this Act referred to as the Board, may,

upon the application of such landlord, advance to the tenant on
behalf of the landlord the whole or such portioa of the sum so due
as they may think expedient, and upon such advance being made
suoh holding ohall upon an order being made to that effect by the
Civil Bill Court, and upon such advance being miade by the Board
such holding shall be deemed to be charged with an annuity of five
pounds for every one hundred pounds of such advance, and so in
proportion for any less sum, such annuity to be limited in favour of
the Board, and to be declared to be payable within a term of thirty-
five years, oommonoing at tho date of tho advanoo.

39. The Board may from time to time upon such security as they Advances to
may approve advance such sums as they may think fit to any land- improvement
lord in Ireland, for the purpose of enabling him to reclaim waste °f '^^^^^
lands ; and where any landlord has contracted for the sale of any

waste land the Board may advance upon, security jointly given by
the vendor and pur<ihaser such, sums as they may think- fit, not
exceeding a moiety o£ the purchase money contracted to be paid ;
and upma aay SHch atlvaooe being made such waste land, and any
other lands included in. any. such security-, shall, upon an order
being made to that effect by the Civil Bill Court, and upon such
advance being made by the Board, be deemed to be charged with
an annuity of five pounds for every one hundred pounds of such
advance, and so in proportion for any less sum, such annuity to be
Jimited in favour of the Board, and to be declared to be repayable
within a period of thirty-five years, ^r>mmpnr.i'Tig f|.r>y^ ^^^o ^^^^^ ^^
the advance

40. The Board, if they are satisfied with the security, may Advances to
advance to any tenant for the purpose of purchasing his holding in pu"chase'of
pursuance of this Act any sum not exceeding two thirds of the l^oldings.
price of such holding, and upon cuoh advanoo being made the'
holding ohall, upon an order being made by the Civil Bill Court to

that effect, and upon such advance being made by the Board such

( 24 )

holding shall be deemed to be charged with an annuity of five
pounds for every one hundred pounds of such advance, and so in
proportion for any less sum, such annuity to be limited in favour
of the Board and to be declared to be repayable in the term of
thirty-five years, oommonoing Svoui ihg tlatp of tlia ndv.nno<a.

No purchaser, or j)erson deriving title through him, of any
holding to whom any advance has been made under this section
shall without the consent of the Board alienate, assign, subdivide,
or sublet his holding during such time as any part of the annuity
charged on such holding remains unpaid, and any part of such
holding alienated, assigned, subdivided, or sublet in contravention
of this section shall be forfeited to the Board, to be held by them
for public purposes.

Advances to 41, Where an absolute order for the sale of any estate has been
purchases of made by the Landed Estates Court, and the tenant of any holding

holdings in
Landed Es-
tates Court.

forming part of such estate is desirous to purchase such holding, he
may apply to the Board in the prescribed manner to advance any
sum not exceeding two thirds of the amount he may pay for the
purchase of the same, and the Board may, subject to such con-
ditions as to the price to be paid for such holding and to any
matter relating to such purchase as they think fit, agree with such
tenant to make such advance.

When any such tenant has been declared the purchaser of a
holding, and has paid one third or any greater part of the purchase
money, the Board may pay the balance of such purchase money
instead of such tenant ; and upon such payment being made by the
Board the Landed Estates Court shall by order declare such holding
to be charged with an annuity of five pounds for every hundred
pounds of such advance, and so in proportion for any less sum,
such annuity to be limited in favour of the Board and to be
declared to be repayable in the term of thirty-five years, com-

TYiinnniTig fiimn tlin rlnfn nf fTin nrl-rrnnnnj in ngi-inl T^^lf JCgrlj pajmontc
n^^. f^^Tav^T fivr^^ riny nf Mitt mifl fiiicf rloy r.f AT»-,r»^U^y flnring thc
gmVI fnrm Tinih cnnTi ^ippnr-HnnmQnf^ if o-njr oc ,.^»^r 1^^ v,^»^y^^j,^. ^^^

Any holding charged by order of the Landed Estates Court in
manner aforesaid shall not, without the consent of the Board, be
alienated, assigned, subdivided, or sublet during such time as any
part of the annuity charged on such holding remains unpaid, and
any part of such holding alienated, assigned, subdivided, or sublet
in contravention of- this section shall be forfeited to the Board, to
be held by them for public purposes.

Landed 42. The Landed Estates Court shall on the sale of estates by

Court'to ^^^^^ ^°"^'*' ^" *^^' ^« is consistent with the interests of the persons
afibrd faciii- interested in the estates or the purchase money thereof, afford, by
purchase by ^he formation of lots for sale or otherwise, all reasonable facilities
tenS"^ *" occupying tenants desirous of purchasing their holdings under
the provisions of this Act, and for that purpose shall hear any

( 25 )

application in that behalf made by the Board or any such occupying
tenant.

43. Where the landlord of an estate is willing to contract for the Advances to
sale under the second part of this Act of his estate in its entirety ptli^diases of
but not in part, and the tenants of the holdings cornprising four '""'"''^ ^s-
fiftlis in value of such estate are willing to purchase their holdings,
and other purchasers can be found to buy the residue of such estate,
and to pay one half of the purchase money payable in respect of
such residue, such sale may be made accordingly under the second
part of this Act in the same manner as if the whole of the purchasers
of the estate were tenants of the landlord, and the Board may advance
to such other purchasers one half of their purchase money upon the
security of the residue of the estate, and such advance may at the
discretion of the Board be made to such purchasers collectively on
the secui'ity of the whole of the residue of such estate, or to such
purchasers severally on the security of the portions bought by them
respectively, or j^artly in one way and partly in the other. Where
any advance is made to purchasers or a purchaser under this section,
the land bought by such purchaser or purchasers shall, on an order
made to that effect by the Civil Bill Court, be charged with an
annuity of iive pounds for every one hundred pounds of such advance,
and so in proportion for any less sum, such annuity to be limited in
favour of the Board, and to be declared to be repayable within the
term of thirty -five years, oommonoing from the date of the advanooi

4r4r. Every annuity created in favour of the Board in pursuance Advances
of this Act shall be a charge on the land subject thereto, having on'^eSate
priority over all existing and future estates, interests, and incum- by way of
brances, with the exception of quit-rents and other charges incident
to the tenure, to rentcharges in lieu of tithes, and any charges
created under any Act authorizing advance of public money, or
under any Act creating charges in respect of improvements on
lands, and passed before this Act, with the exception also (in cases
where the lands are subject to a fee-farm rent, or held under a lease
reserving rent) of such fee-farm rent or rent reserved as aforesaid.

The term during which every such annuity shall be payable shall
be computed from the date of the advance in respect of which the
same shall be charged, and every such annuity shall be payable in.
equal half-yearly payments on every first day of May and every
first day of November during the said term of thirty-five years,
with such apportionment, if any, as may be necessary in respect of
the first and last of such payments.

45. Every annuity created in pursuance of this Act shall be Eecovery of
recoverable by the Board or by or in the name of the Attorney- ^^^^^^J"-
General for Ireland in manner in which rentcharges in lieu of tithes
are recoverable in Ireland ; a certificate purporting to be under the
hand of a member for the time being of the Board shall be evidence
that the amount of any annuity or arrears of annuity stated therein
(84) ' G

( 26 )

Arrears of
annuity.

Power of
owner to
redeem
annuity.

Power of
Board to
commute and
compromise.

to be due unjler this Act from any person named therein is due to
the Board from such person.

46. No arrears of any annuity charged on land in pursuance of
this Act shall be recoverable after the expiration of two years from
the date at which the sum in arrear became due ; and as between
owners having successive interests in any land so charged it shall be
the duty of the owner for the time being in possession or in receipt
of the rents and profits of such land to prevent such arrears arising,
and if he make default in doing so, and the owner next entitled
in possession pay any arrears caused by such default, the amount so
paid shall be a debt due to the owner who has paid the same from
the owner by whose default it became necessary to make such
payment.

47. Where any land is charged with an annuity in favour of
the Board, it shall be lawful for any person liable to pay such
annuity to redeem the said annuity, or so much thereof as may at
any time remain tmexpired, by payment to the Board of a sum of
money equivalent to the then value of the said annuity, such value
to be calculated according to the table in the schedule annexed
hereto.

48. Where any person is entitled to receive any principal moneys
in pursuance of the sale of any holding made by them in pursuance
of this Act, the Board may, on the application of such person,
commute such principal moneys for the payment of an annuity of
equivalent value, the value of money being reckoned at three pounds
ten shillings per cent, per annum, and where any such person as
aforesaid is entitled, to the payment of a sum annually, the Board
may commute the same for the payment of a principal sum of
equivalent value, the value of money being reckoned at three
pounds ten shillings per cent, per annum.

The Board may also, with the assent of the claimant, compromise
by the payment of any principal or annual sum any postponed
contingent or doubtful or other claim of any person to any share
or interest in the purchase money arising from the sale of any
holding under this Act.

Control of 49. The Board shall in making advances, in the mode of invest-

Treasury,&c. ^^S ^^^ dealing with the funds that come into their possession, and
in the mode of accounting for the same, and generally in the per-
formance of their duties under this Act conform to any directions,
whether given on special occasions or by general rule or otherwise,
which may from time to time be given to them by the Treasury,
and shall report within such time and in such manner as the Treasury
may direct to the Treasury all matters which may be transacted by
the Board.

Issues of 50. There shall be issued to the Board for the purposes of this

BoaiT *° -^^^ ^^ ^^^^ *^^®® ^^^ ^^ ^^^^ ^"^^ ^^^ ^^ ®^°^ manner as the
Treasury may determine any sums of money not exceeding in the

( 27 )

whole one million pounds, and the Treasury may from time to time
issue to the said Board the said sum of one million pounds out of
the Consolidated Fund or the growing produce thereof.

51. All repayments to the Board of principal sums or by way Repayment
of annuities in respect of advances made by them shall from time ^ated Fund
to time be paid back to the Consolidated Fund in such manner as °f advance,
the Treasury may direct.

52. The Civil Bill Court shall on the application of any person Duty of
entitled to an annuity by this Act directed to be charged by order Qourt ^s to
of the Civil Court, make an order charging the same accordingly, charging

. orders.

and the clerk of the peace of the county in which such Court has
jurisdiction shall keep an alphabetical registry in his office of all
charging orders so made by the Court, and shall allow any person
to inspect the same at all reasonable times on the payment of one
shilling.

For the purpose of making charging orders in respect of any
holding the Civil Bill Court of the county in which such holding,
or any part thereof, is situate shall be deemed to have jurisdiction
over such holding.

PART IV.

Supplemental Provisions.

As to Legal Proceedings and Court.

53. There shall be paid in respect of every notice to quit to be Duty on
served on a tenant of a holding as defined under this Act a duty of quit.''''
two shilKngs and sixpence, and such payment shall be denoted by a
stamp on the notice.

54. No notice to quit shall be valid unless it is printed or liegula-
written, or partly in print and partly in writing, and signed by the ^g""^ notice
landlord or his agent, lawfully authorised thereunto, nor imless to quit-
such notice at the time of the service thereof is dvily stamped with

a stamp denoting the payment of a duty of two shillings and six-
pence. A notice to quit shall not in the case of a tenant from year
to year take effect until after the expiration of a period of not less
than a year six calendar months from the date of the service of the
notice, such period of a yoaig; six calendar months in the absence of
agreement to the contrary, to terminate on the last gale day of the
calendar year. Any person serving on a tenant a notice to quit
that is not in conformity with this section shall incur a penalty
not exceeding forty shillings, to be recovered summarily under the
provisions of the Petty Sessions (Ireland) Act, 1851.

In any proceedings between landlord and tenant, where the due
service of a notice to quit has been proved, such notice to quit
shall, until the contrary is proved, be deemed to have been duly
stamped.

( 28 )

Administra-
tion on death
of tenant.

Provision as
to married
women.

Provision
as to other
persons
under dis-
ability.

Additional
sittings of
Civil Bill
Court.

55. The Civil Bill Court in any county on being satisfied that
a tenant in such county has died, and that there is no legal personal
representative of such tenant or no legal personal representative
whose services are available for the pui-poses of this Act, may, if a
legal representation of the tenant is required for the purposes of
this Act, by order appoint such person as it tliinks best entitled to
be administrator of the deceased tenant limited to the purposes of
this Act, and any such limited administrator shall for all the pur-
poses of this Act represent the deceased tenant in the same manner
as if the tenant had died intestate and administration had been
duly granted to such limited administrator of all the personal estate
and effects of the tenant.

56. A married woman entitled to her separate use, and not
restrained from anticipation, shall for the purposes of this Act
be deemed a feme sole ; but where any other married woman is
desirous of making any application, giving any consent, or doing
any act, or becoming party to any proceeding under this Act, in
relation to any holding, her husband's concurrence shall be required,
and she shall be examined by the Civil Bill Court of the county
where she may for the time being be, or of the county where the
holding is situate, apart from her husband touching her knowledge
of the nature and effect of the application or other act, and it
shall be ascertained that she is acting freely and voluntarily.

57. Where any person who (if not under disability) might have
made any application, given any consent, done any act, or been
party to any proceeding in relation to any holding under this Act,
is a minor, idiot, or lunatic, the guardian or committee of the
estate respectively of such person may make such applications, give
such consents, do such acts, and be party to such proceedings, as
such person respectively, if free from disability, might have made,
given, done, or been party to, and shall otherwise represent such
person for the purposes of this Act ; where there is no guardian or
committee of the estate of any such person as aforesaid, being
infant, idiot, or lunatic, or where any person the committee of
whose estate if he were idiot or lunatic would be authorised to act
for and represent such person under this part of this Act is of
unsound mind or incapable of managing his affairs, but has not
been found idiot or lunatic under an inquisition, it shall be lawful for
the Civil Bill Court of the county in which the holding is situate
to appoint a guardian of such person for the purpose of any pro-
ceedings under this part of this Act, and from time to time to
change such guardian ; and where such Civil Bill Court sees fit it
may appoint a person to act as the next friend of a married woman
for the purpose of any proceeding under this Act, and from time
to time to remove or change such next friend.

58. For the purposes of carrying into effect the provisions of
this Act, the judges of Civil Bill Courts in Ireland shall, in
addition to the Civil Bill Courts now by law dii-ected, hold such

( 29 )

Courts in such places within their respective jurisdictions as may
be prescribed by the Privy Council in Ireland.

59. There shall be paid to the judges and officers of the Civil Additional
Bill Courts and to the officers of the Court of Exchequer Chamber |u(fJerand
in Ireland, by way of remuneration for the additional duties by this officers of
Act imposed upon them, such annual sums by way of additional Courts.
salaries respectively as the Lord Lieutenant may direct and the
Commissioners of Her Majesty's Treasury may approve, and all such

sums shall be paid by tlie said Commissioners out of moneys to be
provided by Parliament for that purpose.

60. In case it shall appear to the Lord Chancellor that from any Appoint-
reasonable cause the judge of any Civil Bill Court cannot con- ^i^tute°ii™ "
veniently hold the Courts prescribed under this Act, he may appoint Civil Bill
any other judge of a Civil Bill Coiirt to hold such Courts in his

stead ; and thereupon the judge so appointed shall hold such Com-ts
as aforesaid, and shall for the purposes thereof have all and every
the powers, authority, and jiuisdiction of the judge in whose stead
he shall have been ajjpointed ; and so long as he shall continue to
act in his stead, there shall be paid to him instead of to the said
judge, the additional salary payable to the said judge under this
Act.

PART V.

Miscellaneous.

61. Any person who, under any tenancy whatsoever created Mode of
after the passing of this Act, becomes the occupier of any premises ^p^^^^ur"
liable to grand jury cess, and who is liable to pay a rent in respect cess in

of the same, may deduct from such rent, for each pound of the ^'^^ am eases.
rent which he is liable to pay, one half of the sum which he has
paid as grand^ ]\xxj cess in respect of each pound of the net annual
value of such premises as valued for tbp puvpnsps a.g anpii r-p.ca

under the Acts relating to the valmatioii of rateable property in
Ireland ^^^ ^^. ^^ proportion for any less sum than a pound :
Provided always, that it shall not be lawful for any such person to
dedu.ct from the rent payable by him for such premises a larger sum
than one half of the amount of the cess that has been paid bv him
in respect of the same.

Any person receiving rent in respect of any premises liable to
grand jury cess, who also pays a rent in respect of the same, shall,
if such rent is received and paid under contracts entered into
after the passing of this Act, be entitled to dediict from the rent so
paid by him a sum bearing such a proportion to the amount of the
cess deducted from the rent received by him as the rent paid by him
bears to the rent received by him.

62. Whenever the net annual value of the wliole of the premises Where value
situate in any county of a city, county of a town, or barony, ^o^J'^'"!*®^-
occupied by any person under any tenancy whatsoever created after exceed Ai.

(84.) H . immediate

( 30 )

lessor to pay the passing of this Act, does not exceed four pounds, as valued
grand jury ^^^. ^.^^ piivpn"rr nf z^'"""^ 3"T '^'"''' under the Acts relating to the
valuation of rateable property in Ireland, and the same are liable to
grand jury cess, then such cess shall, after the passing of this
Act, be paid and payable by the immediate lessor or lessors of
such person, and may be recovered from such immediate lessor
or lessors in like manner as but for the provisions of this section
it might have been recovered from the person occupying such

premises.

If any such cess payable by any such immediate lessor be not
paid within four months after the same has become due, the person
duly authorised to collect the same may give notice in writing to
the occupier for the time being of such premises to pay the cess
due in respect of such, premises, and after the expiration of one
calendar month from the time of giving such notice it shall be
lawful to recover such cess from such occupier, or in his default
from any subsequent occupier of the premises, in like manner as if
the same were cess due in respect of premises of a net annual value
greater than four pounds.

And every such occupier so paying such cess may deduct
from the rent he may be then or next thereafter liable to pay in
respect of any such premises the whole of any such cess that he
may have paid in respect of the same premises, and if rent sufficient
to cover such cess, be not then or do not thereafter become' due
from such occupier, he shall be entitled to recover the same from
such immediate lessor by Civil Bill.

Exception 63. Nothing in the two next preceding sections of this Act

cess levied'^ contained shall apply to any county cess levied under the authority
m certain of any presentment made for the compensation of any person for
any loss or damage occasioned by any malicioiis injury, or of any
presentment made under the authority of section one hundred and
six of the Act passed in the session of Parliament held in the sixth
and seventh years of the reign of -His late ^Majesty King William
the Eourth, chapter one hundred and sixteen, or under the authority
of " The Peace Preservation (Ireland) Act, 1870," or to any moneys
levied as county cess by the direction of the Lord Lieutenant of any
district under the aiithority of " The Peace Preservation (Ireland)
Act, 1856," or any Act or Acts amending or
now in force.

cases.

continuing the same

for'r"e™^' ^^^ ^""^ P^'^^^'^ '^^«' ^^^^^^ ^^^^ passing of this Act, shall take at
land covered an acreable rent land adjoining or intersected by any public road or
roadf ^" P^^li« ^o^ds, shall not, in the absence of an agreement to the con-

trary,^ be liable to rent for any portion of such land as may be

contained in the public road or roads.

Tenancies
at will.

65. Where any tenancy at will or less than a tenancy from year
to year is created by a landlord after the passing of this Act, the
tenant under such tenancy shall on quitting his holding be entitled
to notice to quit and compensation in the same manner in all

( 31 )

respects as if he liad been a tenant from year to year : Provided
that this section shall not apply to any letting or contract for the
letting of land made and entered into bona fide for the temporary
convenience or to meet a temporary necessity either of the landlord
or tenant.

66. It shall not be lawful for any laiadlord to maVp Riny rhstrnss DistresB.

tho paooing of this Act unless such holding shall be so held nnfler a
loaoo or written agroomont regulating the terms of such-teaaincy a.nd
giving ft right of dietress to the landlord.

Definitions.

67. In the construction of this Act the following words and < Jfneral defi-

T , nitions.

expressions shall have the force and meanmg hereby assigned to

them, unless there be something in the subject or context repugnant

thereto :

The term " person " or " party " shall extend to and include any
body politic, corporate, or collegiate, whether aggregate or sole,
and any public company :
The term " county " shall extend to and include county of a
city, and county of a town, and a riding of a county : where
such county of a city, county of a town, or riding of a county
is appointed for civil bill purposes :
The term " prescribed " shall mean prescribed by any rules made

in pursuance of this Act :
The term " lease " shall include an agreement for a lease :

. The term " settlement " as tised in this Act shall include any
Act of Parliament, will, deed, or other assurance or connected
set of assurances whereby particular estates or particular
interests in land are created, with remainders or interests ex-
pectant thereon; and every estate and interest created by
appointment made in exercise of any power contained in any
settlement or derived from any, settlement shall be considered
as having been created by the same settlement, and an estate
or interest by way of resulting use or trust to or for the settlor,
or his heirs, executors, or administrators, shall be deemed to be
an estate or interest under the same settlement :

The term " landlord " in relation to a holding shall include a
superior mesne or immediate iandlord or any person for the
time being entitled to receive the rents and profits or to take
possession of any holding :
The term "tenant" in relation to a holding shall mean any
. tenant from year to year and any tenant for a life or lives or
for a term of years under a lease or contract for a lease,
whether the interest of such tenant has been acquired by ,
original contract, lawful assignment, devise, bequest, or act and
operation of law, and where the tenancy of any person having
been a tenant under a tenancy which does not disentitle him
to compensation under this Act is determined or expiring, he

( 32 )

Special defi-
nitions.

shall, notwithstanding such determination or expiration, be
deemed to he a tenant until the compensation, if any, due
to him under this Act has been paid or deposited as in this

Act provided :
The term " improvements " shall mean in relation to a holding,—
(1.) Any work which being executed adds to the letting value

of the holding on which it is executed, and is suitable.

to such holding ; also, ,
(2.) Tillages, manures, or other like farming works, the benefit

of which is unexhausted at the time of the tenant

quitting his holding.
68. Eor the purposi'S "-f ^^^» ^^t thp tprms lim-pin-aftpv mpntionPid

otifll^ >ioyQ i^^^ mpg-ninga TiAwin-affpv n.aaignpfl in ihrnrtj fl.nrl no nfhftr

meaniTigsij that 1*8 to isnyj

Thp tprm "hnlf^JTig-" sha.ll mean a farm or other holding of a
tpnant wTnV.h is a.gricnitnval or pastoral in its character, or
partly agrip.nltnral and partly pastoral :
'T'liP tmnn "Im-iflln^^ri " in rplafinn in a, hnl fling .sha.ll mp,an any
gnppvir.r mpgriA nv iminpfliat.p la.nfllorfl or any person for thp
iimp I^PJTig Pntitlpd in i^pnp.ivp tlip rpnts and profits or to take

possession of any holding ;

The term "tenant" in relation to a bolfling sbflill mean any
tenant from year to year and any tena.nt fnv a, life nr lives or
for a. fprm of yp.a.vs under n, lease or Contract for a lease, and
lYliPT-e ihe fenaney of any person ha.Anng heen a tenant nnder a,
ienani^y whieli r^oes not disentitle him to compensation nnder
f.Tiis Ao.i is /Ip.terminefl or eypiring^ be shall, notwithstanding
sneh fletermination or expiration, be deemed to be a, tenant
11-ni.U hp has rpppiverl the eompensation, if any, dne to him
midpr this A ei •

The real and persona,! representatives of any tenant shall also be
inelnded nnder the term " tenant :"

The term " improvement's " shall mean in relation to a holding.—

(1.) Any work whieh heing eyeented adds to the letting value
of the holding on which it is executed : and is suitable
to sneh l.olding ; alsn^

(9 ) Tillagpg mamn'es, fallows, or other like farming works.
the henefit of whieh is nnexbausted at the time of the
tpnant n^nitting his holding.

Clausk E.
Agricultural
holdings
only subject
to Act.

Short title
of Act.

Application
of Act.

This Act shall not apply to any holding which is not agri-
cultural or pastoral in its character, or partly agricultural and
partly pastoral ; and the term " holding " shall include all land of
the above character held by the same tenant of the same landlord
for the same term and under the same contract of tenancy.

69. This Act may be cited for all purposes as " The Landlord
and Tenant (Ireland) Act, 1870."

70. This Act shall apply to Ireland only.

( ^3 )

SCHEDULE.

Arbitrations.

(1.) If both parties concur a single arbitrator may be appointed :

(2.) If the single arbitrator dies or becomes incapable to act
before he has made his award, the matters referred to him
shall be determined by arbitration under the provisions of
this Act in the same manner as if no appointment of an
arbitrator had taken place :

(3.) If both parties do not concur in the appointment of a single
arbitrator, each party on the request of the other party
shall appoint an arbitrator ;

{4.) An arbitrator shall in all cases be appointed in writing, and
the delivery of an appointment to an arbitrator shall be
deemed a submission to arbitration on the part of the party
by whom the same is made, and after any such appoint-
ment has been made neither party shall have power to
revoke the same without the consent of the other :

(5.) If for the space of fourteen days after the service by one
party on the other of a request made in writing to appoint
an arbitrator such last-mentioned party fails to appoint an
arbitrator, then upon such failure the party making the
request may apply to the Court, and thereupon the dispute
shall be decided by the Court according to the provisions
of this Act :

(6.) If any arbitrator appointed by either party dies or becomes
incapable to act before an award has been made the party
by whom such arbitrator was appointed may appoint some
other person to act in his place, and if for the space of
fourteen days after notice in writing from the other party
for that purpose he fails to do so the remaining or other
arbitrator may proceed ex parte :

(7.) If where more than one ai'bitrator has been appointed either
of the arbitrators refuses or for fourteen days neglects to
act, the other arbitrator may proceed ex parte, and the
decision of such arbitrator shall be as effectual as if he had
been the single arbitrator appointed by both parties :

i(8.) If, where more than one arbitrator has been appointed, and
where neither of them refuses or neglects to act as afore-
said, such arbitrators fail to make their award within
twenty-one days after the day on which the last of such
arbitrators was appointed, or within such extended time
(if any) as may have been appointed for that purpose by
(84.) I

( 34 )

both such arbitrators under their hands, the matters
referred to them shall be determined by the umpire to be
appointed as hereafter mentioned :

(9.) Where more than one arbitrator has been appointed, the
arbitrators shall, before they enter upon the matters re-
ferred to them, appoint by writing under their hands
an umpire to decide on any matters on which they may
differ :

(10.) If the umpne dies or becomes incapable to act before he
has made his award, or refuses to make his award within
a reasonable time after the matter has been brought within
his cognizance, the arbitrators shall forthwith after such
death, incapacity, or refusal appoint another umpire in his
place :

(11.) If in any of the cases aforesaid the said arbitrators refuse,
or for fourteen days after request of either party to such
arbitration neglect, to appoint an umpire, the Civil Eill
Court, as defined by this Act, shall, on the application of
either party to such arbitration, appoint an umpire :

(12.) The decision of every umpire on the matters referred to him
shall be final.

( 35 )

Table for Redemption of Annuities or Rent-charges.

Term unexpired.

Redemption Money to te

paid in respect of each

10?. of Annuity.*

Term unexpired.

Redemption Money to be

paid in respect of each

10^ of Annuity.*

£ S. d.

£ s. d.

1

9 14 10

19

137 18 8

2

19 3 1

20

142 19 5

O

28 4 11

21

147 16 9

4

37 0 6

22

152 10 10

5

45 10 1

23

157 1 8

6

53 13 11

24

161 9 5

7

61 12 2

25

165 14 1

8

69 5 1

26

169 16 0

9

76 12 8

27

173 15 0

10

83 15 3

28

177 11 5

11

90 13 0

29

181 5 2

12

97 6 1

30

184 16 5

13

103 14 7

31

188 5 3

14

109 18 8

32

191 11 8

15

115 18 7

33

194 15 11

16

121 14 5

34

197 17 11

17

127 6 3

35

200 17 10

18

132 14 3 ,

jSfote. — This table is calculated on the assumption of the original purchase money-
being repaid in 35 years with interest at 3^ per cent, payable half-yearly.

* Where the unexpired term includes part of a year such addition, if any, as may
be necessary, shall be made to the redemption money in respect of such part of a year.

00

•-3

ci

a"

S^

03

Siu

2.

5.

P-

Oi

i-i

CO

s-

s

L ^
&§

e B

a

H

i-fti je Cb

tr

CD

H
SI

I

I
H

B

p

Sj 3.

CD

B
o

-3

hJ

W
o

CD

cr

CD

P

2 W

o

S!
C

w

F-
1-1

c»
o

S =^

a CD

a n

p

O CD

m ^

o

CD

p

B
O

§■ a-

CD -S
to p+

? S"

so c
■'I d

s «

S o

t-l
o

H
O

d

t

M

IRISH LAND ACT, 1870 (NOTICES TO QUIT).

RETURN to an Order of the Honourable The House of Commons,
dated 18 January 1881 ;—for.

EETUEN " of the Number of Notices to Quit served in the respective Years from
1871 to 1880, inclusive, as shown by the Stamps issued of the Denomination
required for such Notices according to the Provisions of the Land Act of 1870."

IRELAND.

EETUEN showing the Number of Stamps denoted by means of the Appropriated Die
upon Notices to Quit in the following periods.

Stamps.

From 16th October to 31st December 1875 - . - - 403

Year ended 31st December 1876 --..__ 5,531

„ „ 1877 6,087

1878 4,493

1879 - - - - - - 3,164

1880 1,894

«

3J

N.B. — The Appropriated Die for Notices to Quit (Ireland) was brought into use on
the 16th October 1875. Previous to that time such duties were denoted by the General
Duty Die, and no separate account was kept.

Stamps and Taxes^ \ rrr n m 7 /-.

Dublin, 26 January 1881./ ^'"- ^' Phelps, Comptroller.

5^-

2,

&o S

^ s
I s.

o

- o

- B

°° B '
00 5

— p

«3

9

00

3"

P
C5

® S'

S. ">

° I

» g

2 '^

S S.

"* .^

CO tri

TO *T3

o ~

c

CO

b. !2! „. OD

o

„ o o
S 3 g
•a

O

CD

w

a
o

H

2 rt-

o

12|
O

o

LANDLORD AND TENANT (IRELAND).

n E T U R N

(Pursuant to an Order of the House of Lords, dated 25th July 1881,)

OF

Reprint of the Tables published in the Judicial Statistics of Ireland of
Proceedings under the Landlord and Tenant (Ireland) Act, 1870, in
each Year since the passing of that Act up to 31st December 1879 ;
and similar Return for the Year 1880.

{Ihe Lord Privy Seal.)

Ordered to be printed 25th July 1881.

(181.)

( 3 )

Landlord and Tenant (Ireland).

Reprint of the Tables published in the Judicial Statistics of
Ireland of Proceedings under the Landlord and Tenant
(Ireland) Act, 1870, in each Year since the passing of that
Act up to 31st December 1879 ; and similar Return for the
Year 1880.

(181.) A 2

4

1870-71.

IRELAND.

COURTS OF CHAIRMEN OF COUNTIES AND RECORDERS.— TABLE 3.— RETURN of PROCEEDINGS in the Years 1870 and 1871,

the Landlord and Tenant (Ireland) Act, 1870, from Returns made by the Clerks of the Peace.

PROCEEDINGS,

Notices of claims lodged

1. Under Ulster Tenant-right or similar')

usage . . . . .i

(a) AVTiere sole ground of claim .

(6) Where joined with other ?

grounds of claim . . J

2, For loss on quitting holding-

fa) Where sole ground of claim
(b) Where joined with

grounds of claim

other \

3. For incoming payments—

(a) Where sole ground of claim
(6) Where joined with other!
grounds of claim . . J

29

4. Eor improvements —

(a) Where sole ground of claim

(b) Where joined with other"

grounds of claim . . J

Cases disposed op at Land Sessioss.
Total eases , • . . .

Cases withdrawn and settled .
Decrees ......

Dismisses ......

Eeferred to arbitration

Postponed and adjourned

Buled"nil" . . . . .

Appeals.
Appeals to Judge of Assize lodged
Appeals to Judge of Assize heard
Judgments aSarmed ....
Judgments reversed ....
Judgments varied . » . .

Judgments held over ....
Cases reserved for Court of Land Cases reserved
Cases reserved for Court of Land Cases heard
Judgments affirmed ....
Judgments reversed ....
Judgments varied ....

Other Peoceedin&s.

Awards on arbitration recorded

Awards rejected by Court

Compensation charged on holding under 27th ■)
section . i . . . )

Application by Lessors to confirm acceptance I
of lease , , , , ./

Application by Lessees to confirm granting 1
of lease , . . . .)

Leases confirmed, 28th section .

Leases confirmed with modification .

Leases which the Court refused to confirm .

Notices— (a) By Landlord of intention to I
register improvements . J

(6) By Tenant of intention to re-
gister improvements

•}

28

17

21

19

21

18

48

1 1

1

21

23

13

16

10

43

a Not including city of DubUn. but no proceedings for holdings such as faU within the Land Act are likely to be ^'^Z^^^^Z

b RefOTcd to arbrtrafon, and when landlord refused to abide by, were dismissed. "^ ' ""''"'' ^7'*^ ''^°"™"

c These fi^r«, d„ f^ ^"^Tl^' """"^ ^"'^'""^ ""^ ^«**'^ ™ '"'P^=''' "■' »"8Sestion of Judge of Assize " '"' ""^ ''"'

These figures do not include the counties of Antrim, Down, Dublin, Dublin City, Kildare, Monagl^^rand Qneen's county.

boundary,
given.

IRELAND.

1870-1871.

CotJETS of Chairmen of Counties and Recoeders. — Table 4. Proceedings at Laito Sessions under the Landlord
and Tenant (Ireland) Act, 1870, showing Amount claimed and awaeded with Costs.

Total of 29 Land

Couets in Ireland

Pkoceedings.

(no Return from
Seven Land Courts).

Antkhi.

Armagh.

Caelow.

Cavan.

& s. d.

£ s. d.

& s. d.

& s. d.

£ s. d.

Amount of all Claims lodged

142,307 13 0

12,686 4 6

4,719 8 11

761 12 10

255 3 8

Amount claimed in Cases settled

80,604 7 11

2,022 18 9

1,900 7 9

479 10 5

—

or disposed of otherwise than by

Decree or Dismiss on hearing.

Amount claimed in Cases on Dis-

19,609 2 4

1,364 6 0

1,028 6 4

223 17 5

—

miss on hearing.

Amount claimed in Cases in -which

42,094 2 9

9,298 19 9

1,790 14 10

48 5 0

255 3 8

there were decrees.

Compensation Awahtied at

Land Sessions.

Amount of Claims established by

13,663 11 5

3,093 7 4

557 4 8

12 0 0

145 11 4

Decrees.

Amount allowed in Decrees for set-

2,207 1 0

167 15 8

198 9 6

3 10 0

35 3 8

off, objection, default, or conduct

of Tenant.

Net sums decreed or paid to

11,456 10 5

2,925 11 8

358 15 2

8 10 0

110 7 8

Claimant.

Appeals to Judge op Assize.

Amount by which net sums in

373 5 10

172 9

original Decrees increased.

Amount by which net sums in

240 5 0

—

—

__

original Decrees reduced.

Cases in Court op TiAnd Cases

Eeseeved.

Amount by which net sums in pre-

.

vious Decrees increased.

Amount by which net sums in pre-

—

■ —

.

vious Decrees reduced.

Other Peocebdings.

Amount of Compensation awarded

20 0 0

in arbitrations recorded.

Amount lodged by Respondents

1,797 16 8

—

—

,

under 21st section.

Amount of Compensation paid out

1,396 12 2

—

—

by Clerk of Peace.

Amount charged upon Holdings

—

—

—

under 27 th section.

1

Costs and Expenses Aixowed.

1

To Claimants in Decrees

463 14 1

f

14 14 6

_

„ Bespondents in Dismisses

133 2 8

4 6 0

—

„ Claimants on Appeals at Assizes

22 8 4

—

—

„ Respondents on Appeals at

—

—

—

Assizes.

„ Claimants on Cases reserved

—

—

—

,

„ Respondents on Cases reserved -

—

—

—

Where
Decrees

In

Cases

Where
Decrees

In

Cases

Where
Decrees

In

Cases

Where
Decrees

In

Cases

Where

In

Decrees

Cases

were

of

were

of

were

of

were

of

were

of

Scale op Compensation fob Loss

made.

Appeal.

made.

Appeal.

made.

Appeal.

made.

Appeal.

made.

Appeal.

on Quitting Holding :

■d

ri

■6

-d

■ ni

ri

"S

i

1

'6

■s

-a

■a

tj

-a

'S

Tj

.

nH

rrj

Number of Cases — (1) where De-

S

1

a

%

i

%

03

0)

g

i

%

0)

g

%

g

£

a

o

1

crees were made ; (2) of Appeal,
where each Class of the Scale was

3

o

3

3

o

5

3

<

3
o

O
5

<

3

6

o
5

c3

3

O
5

■s
3

o

5

3

o

o

5

claimed and allowed.

1 . Not exceeding 7 Years' and

40

12

,

,

,

,

1

,

,

,

2

1

above 5 Years' Rent.

2. Not exceeding 5 Years' and

above 4 Years' Bent —

(a.) With Minor Improve-

23

11

3

1

,

.

,

1

ments.

(6.) Without Minor Improve-

. 1

1

.

.

.

.

.

.

.

.

.

,

,

,

ments.

3. Not exceeding 4 Years' and

above 3 Years' Rent —

(a.) With. Minor Improve-

8

5

1

.

.

.

.

,

.

.

ments.

(6.) Without Minor Improve-

. .

.

.

.

.

.

.

.

.

.

.

.

0

,

.

ments.

4. Not exceeding 3 Years' and

7

8

1

1

.

.

3

.

.

.

,

above 2 Years' Rent.

5. Not exceeding 2 Years' and

7

, 6

2

1

.

2

.

.

1

2

above 1 Year's Rent. "

6. Notfixceeding 1 Year's Rent

1

2

■

•

•

•

•

•

•

•

•

3

3

87 45

6

4

•

•

6

•

•

1

(181.)

A 3

1870—1871. IRELAND.

ConHxs of Chaxkmkk of Co.™ and Recoebbhs -Table 4. P-ocBBDiNas at LAm,^SB^ssio^^^^^^^^^^

Pkooeedings.

Amount of all Claims loaged

Amount claimed in Cases settled or
disposed of otherwise than by
Decree or Dismiss on hearing.

Amount claimed in Cases on Dis-
miss on hearing.

Amount claimed in Cases in which
there were Decrees.

Compensation Awakdbd at
Land Sessioks.

Amount of Claims established by
Decrees.

Amount allowed in Decrees for set-
off, objection, default or conduct
of Tenant.

Net sums decreed or paid to
Claimant.

Appeals to Judge of Assize.

Amount by which net sums in
original Decrees increased.

Amount by which net sums in
original Decrees reduced.

Cases in Coukt op Land Cases
Eesbkved.

Amount by which net sums in pre-
vious Decrees increased.

Amount by -which net sums in pre-
vious Decrees reduced.

Othek Peocbedings.

Amount of Compensation awarded

in arbitrations recorded.
Amount lodged by Eespondents

under 21st section.
Amount of Compensation paid out

by Clerk of Peace.
Amount charged upon Holdings
' under 27th section.

Costs and Expenses Allowed.

To Claimants in Decrees -
„ Respondents in Dismisses
„ Claimants on Appeals at Assizes
„ Eespondents on Appeals at

Assizes.
„ Claimants on Cases reserved
„ Eespondents on Cases reserved -

Scale OP Compensation fob Loss
on Quitting Holding

Number of Cases— (1) where De-
crees were made ; (2) of Appeal,
where each Class of the Scale was
claimed and allowed.

1. Not exceeding 7 Years' and

above 5 Years' Bent.

2. Not exceeding 5 Years' and

above 4 Years' Eent — .
(a.) With Minor Improve-
ments.
(J.) Without Minor Improve-
ments.

3. Not exceeding 4 Years' and

above 3 Years' Eent —
(a.) With Minor Improve-
ments.
(b.) Without Minor Improve-
ments.

4. Not exceeding 3 Tears' and

above 2 Years' Eent.

5. Not exceeding 2 Years' and

above 1 Year's Eent.

6. Not exceeding 1 Year's Eent

Clabb.

Cork,
East Eiding.

Cork,
West Biding.

Cork City
(Eecorder).

Donegal.

£ s. d.
1,646 1 6
1,082 15 6

563 6 0

104 3 0

77 3 0

27 0 0

88 11 6

A a. d.
5,519 3 5
2,942 5 8

1,606 10 0
970 8 2

284 5 0
143 5 0

141 0 0

& s. d.
7,959 2 10
5,433 2 10

310 0 0

2,216 0 0

772 13 8
227 16 6

544 17 2

9 15 0

27 4 5
zl8 9 8

"Where

Decrees

were

made.

In

Cases

of

Appeal.

Where

Decrees

were

made.

In

Cases

of

Appeal.

£ s. d.

53 5 8

1"

/9

jn3

Where

Decrees

were

made.

In

23

Where

Decrees

were

made.

In

Cases

of

Appeal.

£ s. d.

al2,469 19 2

69,081 19 2

cl,080 0 0
rf2,308 0 0

eSlO 12 0

/96 4 0

^714 8 0

6 0 0

(1870)194 8 0

7(28 14 4
A18 1 0

Where

Decrees

were

made.

In

ol
Appeal.

a. Including 1,520Z. for the year 1870. b. Including l,\50l. for 1870. c. Including 70/. for 1870

d. Including 300/. for 1870. e. Including 210/. 12s. fer 1870. /. Includmg 16/. 4s. for 1870.

. Including 194/. 8s. for 1870. Ti. Including 4/. 1 \s. ad. for 1870. i. Two of the 6 Dismisses not ffled or costs" made out.

j. Not stated in return whether with or without Minor Improvements. k. Including 2/. 3s. for 1870.

IRELAND.

1870-1871.

Courts of Ch^urjien of Counties and Recorders. — Table 4. PKOCEEDiNas at Land Sessions under the Landlord
and Tenant (Ireland) Act, 1870, showing Amount claimed and awarded with Costs — continued.

Pkoceedings.

Down.

Dublin County.

DUBLIH CiTT.

Fermanagh.

GiLTTAT County

including

GaiwAt Town

(Recorder's Court).

Amount of all Claims lodged

Amount claimed in Cases settled or
disposed of otherwise than by
Decree or Dismiss on hearing.

Amount claimed in Cases on Dis-
miss on hearing.

Amount claimed in Cases in which
there were Decrees.

Compensation Awakded at
Land Sessions.

Amount of Claims established by
Decrees.

Amount allowed in Decrees for set-
off, objection, default or conduct
of Tenant.

Net sums decreed or paid to
Claimant.

Appeals to Judge oe Assize.

Amount by which net sums in
original Decrees increased.

Amount by which net sums in
original Decrees reduced.

Cases in Coukt of Land Cases
Reserved.

Amount by which net sums in pre-
vious Decrees increased.

Amount by which net sums in pre-
voius Decrees reduced.

Otheb Proceedings.

Amount of Compensation awarded

in arbitrations recorded.
Amount lodged by Respondents

under 21st section.
Amount of Compensation paid out

by Clerk of Peace.
Amount charged upon Holdings

under 27th section.

Costs and Expenses Allowed.

To Claimants in Decrees
„ Respondents in Dismisses
„ Claimants on Appeals at Assizes
„ Respondents on Appeals at

Assizes.
„ Claimants on Cases reserved
„ Respondents on Cases reserved -

Scale op Compenlation for Loss
, ON Quitting Holding :

Number of Cases — (V) where De-
crees were made ; (2) Cf Appeal,
wljere each Class of the Scale was
claimed and allowed.

1. Not exceeding 7 Years' and

above 5 Years' Rent.

2. Not exceeding 5 Years' and

above 4 Years' Rent —
(a.) With Minor Improve-
ments.
(5.) Without Minor Improve-
ments.

3. Not exceeding 4 Yeass' and

above 3 Years' Rent —
(a.) With Minor Improve-
ments.
(5.) Without Minor Improve-
ments.

4. Not exceeding 3 Years' and

above 2 Years' Rent.

5. Not exceeding 2 Years' and

above 1 Year's Rent.

6. Not exceeding 1 Year's Rent

£ s. d.

3,891 1 6

1,294 15 6

9^4 2 6

1,642 3 6

925 7 10

925 7 10

£ s. d.

1,590 8 3

566 14 0

98 1 6
925 12 9

158 10 0

158 10 0

S. d.

o

Where

Decrees

were

made.

In

of
Appeal.

Where

Decrees

were

made.

In

Cases

of

Appeal.

Where

Decrees

were

made.

In

of
Appeal.

£ s. d.

10,.')28 1 4

6,544 15 10

541 6 6
3,241 19 0

449 11 6
62 16 2

386 15 4

£ s. d.

a2,905 9 5

61,316 14 0

c780 14 5

(/808 1 0

el07 2 5

«107 2 5

yi4 9 0
g\Z 9 0

Where

Decrees

were

made.

10

10

In

of
Appeal.

Where

Decrees

were

made.

13

a. Including 898/. 15s. for 1870,
d. Including 265/. for 1870.

(181.)

In

Cases

of

Appeal.

A 4 ■ ■

1870—1871.

IRELAND.

on^ .^TT.= ^r.A TJFnoROTRS —Table 4. Proceedings at Land Sessions under the Landlord
^^"^" l^'^^^rfraiaXAlTS^^ CLAIMED and AWARDED with Cosxs-....-..e..

Proceedings.

Amounts of all Claims lodged

Amount claimed in Cases settled or
disposed of otherwise than by
Decree or Dismiss on hearing.

Amount claimed in Cases on Dis-
miss on hearing.

Amount claimed in Cases in -which
there were Decrees.

Compensation Awahded at
Land Sessions.

Amount of Claims established by
Decrees.

Amount allowed in Decrees for set-
off, objection, default or conduct
of Tenant.

Net sums decreed or paid to
Claimant.

Appeals to Judge op Assize.

Amount by which net sums in
original Decrees increased.

Amount by which net sums in
original Decrees reduced.

Cases in Coukt of Land Cases
Kesekved.

Amount by which net sums in pre-
vious Decrees increased.

Amount by which net sums in pre-
vious Decrees reduced.

Other Pkoceedings.

Amount of Compensations awarded

iu arbitrations recorded.
Amount lodged by Eespondents

under 21st section.
Amount of Compensation paid out

by Clerk of Peace.
Amount charged upon Holdings

under 27th section.

Costs and Expenses Allowed.

To Claimants in Decrees -
„ Respondents in Dismisses _ -
„ Claimants on Appeals at Assizes
„ Eespondents on Appeals at

Assizes.
„ Claimants on Cases reserved -
„ Respondents on Cases reserved -

Scale of Compensation eok Loss

ON QuiTriNG Holding :
Number of Cases— (1) where De-
crees were made ; (2) of Appeal,
where each Class of the Scale was
claimed and allowed.

1. Not exceeding,? Years' and

above 5 Years' Rent.
.2. Not exceeding 5 Years' and
above 4 Years' Rent —
(a.) With Minor Improve-
ments.
(h.) Without Minor Improve-
ments.

3. Not exceeding 4 Years' and

above 3 Years' Rent—
(a.) With Minor Improve-
ments.
(6.) Without Minor Improve-
ments.

4. Not exceeding 3 Years' and

above 2 Years' Rent.

5. Not exceeding 2 Years' and

above 1 Year's Rent.

6. Not exceeding 1 Year's Rent

Kbbet.

£ s. d.

1,434 9 6

448 0 0

605 3 0
381 6 6

218 19 6
109 1 11

109 17 7

Kxldaee.

Kilkenny
County.

King's,

Leitrim.

£ s. d.

1,178 10 8

647 16 6

80 6 2
450 8 0

70 4 0

70 4 0

10 8 8
13 15 0

"Where

Decrees

were

made.

In

Cases

of

Appeal.

& s. d.
170 0 0
146 10 0

23 10 0

8 0 0
7 0 0

10 0

£ s. d.

2 5 6

Where

Decrees

were

made.

In

Cases

of

Appeal.

£ s. d.

al8,980 8 6

16,044 5 4

2,712 13 3
223 10 0

109 5 0
51 0 11

58 4 1

54 19 6
54 17 0

7 8 0
4 11 8

"Where

Decrees

were

made.

In

Cases

of

Appeal.

2 2

"Where

Decrees

were

made.

In

of
Appeal.

Where

Decrees

were

made.

In

Cases

of

Appeal.

a. Includmg 3,0551. 2s. for 1870.

IRELAND.

1870—1871.

9

Courts of Chair!hen of CoiiNTrEs and Rbcoeders. — Table 4. PROCBBDmists at Land Sessions under the Landlord
and Tenant (Ireland) Act, 1870, showing Amount claimed and awarded with Costs — continued.

Pkooeedings.

Limerick.

Londonderry.

LONGF ED.

LOTJTII.

Mato.

Amount of all Claims lodged

Amount claimed in Cases settled
or disposed of otherwise than by
Decree or Dismiss on hearing.

Amount claimed iu Cases on Dis-
miss on hearing.

Amount claimed in Cases in which
there were Decrees.

CoMrENSATION AWARDED AT

L.4.ND Sessions.

Amouat of Claims established by
. Decrees.

Amount allowed in Decrees for set-
off, objection, default or conduct
of Tenant.

Net sums decreed or paid to
Claimant.

Appeals to Judge of Assize.

Amount by which net sums in
original Decrees increased.

Amount by which net sums in
original Decrees reduced.

Cases in Court of Land Cases
Kesekved.

Amount by which net sums in pre-
vious Decrees increased.

Amount by which net sums in pre-
vious Decrees reduced.

Other Proceedings.

Amount of Compensation awarded

in arbitrations recorded.
Amount lodged by Respondents

under 21st section.
Amount of Compensation paid out

by Clerk of Peace.
Amount charged upon Holdings

under 27th section.

Costs and Expenses Allowed.

To Claimants in Decrees -
„ Respondents in Dismisses
„ Claimants on Appeals at Assizes
„ Respondents on Appeals at

Assizes.
„ Claimants on Cases reserved
„ Respondents on Cases reserved -

Scale op Compensation foe Loss
on Quitting Holding :

Number of Cases — (1) where De-
crees were made ; (2) of Appeal,
where each Class of the Scale was
claimed and allowed.

and

and

1. Not exceeding 7 Years'

above 5 Years' Rent.

2. Not exceeding 5 Years'

above 4 Years' Rent —
^ (a.) With Minor Improve-
ments. ■*
(J.) Without Minor Improve-
ments.

3. Not exceeding 4 Years' and

above 3 Years' Rent —
(a.) With . Minor Improve-
ments.
(6.) Without Minor Improve-
ments.

4. Not exceeding 3 Years' and

above 2 Years' Rent.
.5. Not exceeding 2 Year's and

above 1 Year's Rent.
6. Not exceeding 1 Year's Rent -

& s. d.
4,311 17 9
3,047 14 3

973 1 3
291 2 3

147 12 2
46 19 11

100 12 3

8 14
10 10 8

& s. d.

15,163 17 1

8,958 4 1

2,046 0 0
4,159 13 0

2,119 5 9
543 12 11

1,575 12 10

20 0 0
782 19 0
187 9 0

86 0 0
7 10 0

£ s. d.
141 8 0

141 8 0

£ s. d.
95 0 10

0 0

£ s. d.

a4,835 10 6

3,574 11 9

539 11 6

721 7 3

217 7 6
157 4 9

60 2 9

2 3 0

4 4 8

Where

Decrees

were

made.

c\

c\

In

Cases

of
Appeal.

Where

Decrees

were

made.

a

In

Oases

of

Appeal,

Where

Decrees

were

made.

In

of
Appeal.

Where

Decrees

were

In
Cases

of
Appeal.

16 6 8
5 13 S

Wliere

Decrees

were

made.

In

oL

.Appeal.

a Including 169Z. 12s. Id. for year 1870. 6 Information as to the scale of compensation not given in Return for Londonderrv

c Not stated in Return whether with or without Minor Improvements.

(181.)

B

10

1870—1871.

IRELAND.

Courts of Chairmen of Counties and Recorders.— Table 4. Proceedings at Lasd Sessions under the Landlord
and Tenant (Ireland) Act, 1870, showing Amount claimed and awarded with Costs— continued.

Pkoceedings.

Mbath.

MONAGHAN.

Queen's.

Boscommon.

Sligo.

& s. d.

£, s. d.

0
iC s. d.

£ s. d.

£, s. d.

Amount of all Claims lodged
Amount claimed in Cases settled

3,116 14 7
2,985 4 3

1,107 19 6

2,102 8 1
418 16 2

1,925 16 7
1,614 17 1

a4,178 9 10
17,13 0 11

or disposed of otherwise than by

Decree or Dismiss on hearing.

1,425 4 5

65 0 0

Amount claimed in Cases on Dis-

—

—

miss on hearing.
Amount claimed in Cases in which

131 10 4

1,107 19 6

258 7 6

245 19 6

2,465 8 11

there were Decrees.

Compensation Awakded at

Land Sessions.

Amount of Claims established by

75 2 0

373 0 0

41 17 6

45 0 0

4277 0 0

Decrees.

Amount allowed in Decrees for set-

—

12 7 9

13 2 6

—

3 15 0

off, objection, default, or conduct

of Tenant.

et sums decreed or paid to

75 2 0

360 12 3

28 15 0

45 0 0

273 5 0

Claimant.

Appeals to Judge of Assize.

Amount by which net sums in

—

—

—

19 19 4

62 1 0

original Decrees increased.

Amount by which net sums in

—

142 16 3

10 0 0

—

—

original Decrees reduced.

Cases in Coukt op Land Cases

Eesekyed.

Amount by which net sums in pre-

—

—

—

vious Decrees increased.

Amount by which net sums in pre-

—

—

—

vious Decrees reduced.

•

A

Other Pkoceedings.

Amount of Compensation awarded

—

in arbitrations recorded.

Amount lodged by Respondents

—

246 0 0

under 21st section. ,

Amount of Compensation paid out

—

346 0 0

by Clerk of Peace

Amount charged upon Holdings

—

rd

rQ

—

under 27th Section.

s

Costs and Expenses Allowed.

3

0)

2

To Claimants in Decrees -

2 10 0

1

0

5 13 4

5 13 0

„ Respondents in Dismisses

4 11 8

|2i

"A

3 16 8

„ Claimants on Appeals at Assizes

—

7 8 8

4 11 8

„ Respondents on Appeals at

—

Assizes.

„ Claimants on Cases reserved

„ Respondents on Cases reserved -

—

—

—

Where
Decrees

In

Cases

Where
Decrees

In
Cases

Where
Decrees

In
Cases

Where
Decrees

In
Cases

Where
Decrees

In.

Cases

Scale op Compensation foe Loss
ON Quitting Holding :

were
made.

of
Appeal.

were
made.

of
Appeal.

were
made.

of
Appeal.

were
made.

of
Appeal.

were -
made.

of
Appeal.

Number of Cases — (1) where De-

.3

-6

t3

•g

■s

-%

"%

■i

■2

■s

•t

-%

%

CD

"i

crees were made ; (2) of Appeal,
where each Class of the Scale was
rlainipfl HTid allowed

1

o

a

6

o

a
0

1

1

1

3

1
1

a

0

<

a
6

^
1

a

6

1

a
3

1

1

'A

5

%

0

]. Not exceeding 7 Years' and

2

2

above 5 Years' Rent.

'

2. Not exceeding 5 Years' and

above 4 Years' Rent —

(a.) With Minor Improve-

.

.

2

2

1

1

1

1

ments.

(i.) Without Minor Improve-

ments.

'

*

*

*

*

■

'

■

'

3. Not exceeding 4 Years' and

above 3 Years' Rent —

(a.) With Minor Improve-

.

ments.

'

*

*

•

•

•

•

'

,, (i.) Without, Minor Impove-

, .

,

3

ments.

'

'

'

'

'

4. Not exceeding 3 Years' and

above 2 Years' Rent.

"

*

■

5. Not exceeding 2 Years' and

above 1 Year's Rent.

■

*

■ *

■ '

'

■ •

2

•

1

1

6, Not exceeding 1 Year's Rent -

•

•

•

.

•

•

•

.

n Tnnl.i.1i«n. RC/ 10„ CJ J„.. XT

2

2

•

•

2

2 1

1

3

•

2

I

claim

L^waffoTl.Oltf ''°° "'^'^'""^fo^^P'^^^^'aents to be registered; part of claim allowed, but without sums of money allowed.

The

IRELAND.

1870-1871.

11

Courts of Chairmen of Counties and Recorders. — Table 4. Proceedings at Land Sessions under the Landlord
and Tenant (Ireland) Act, 1870, showing Amount claimed and awarded with Costs — concluded.

Proceedings.

TiPPBEART.

Tyrone.

Waterford.

Westmeatu.

Wexford.

WiCKLOW.

Amount of ail Claims lodged

Amount claimed in Cases settled
or disposed of otherwise than by
Decree or Dismiss on hearing.

Amount claimed in Cases on Dis-
miss on hearing.

Amount claimed in Cases in which
there were Decrees.

Compensation Awarded at
Land Sessions.

Amount of Claims established by
Decrees.

Amount allowed in Decrees for set-
off, objection, default, or conduct
of Tenant.

Net sums decreed • or paid to
Claimant.

Appeals to Judge of Assize.

Amount by which net sums in
original Decrees increased.

Amount by which net sums in
original Decrees reduced.

Cases ix Court of Laxd Cases
Reserved.

Amount by which net sums in pre-
vious Decrees increased.

Amount by which net sums in pre-
vious Decrees reduced.

Other Proceedings.

Amount of Compensation awarded

in arbitrations recorded.
Amount lodged by Respondents

under 21st section.
Amount of Compensation paid out

by Clerk of Peace.
Amount charged upon Holdings

under 27th section.

Costs and Expenses Allowed.

To Claimants in Decrees -
„ Respondents in Dismisses
,, Claimants on Appeals at Assizes
„ Respondents on Appeals at

Assizes.
,, Claimants on Cases reserved
„ Respondents on Cases reserved -

Scale of Compensation for Loss
ON Quitting Holding :

Number of Cases — (1) where De-
crees were made ; (2) of Appeal,
where each Class of the Scale was
claimed and allowed.

1. Not exceeding 7 Years' and

above 5 Years' Rent.

2. Not exceeding 5 Years' and

above 4 Years' Rent —
(a.) With Minor Improve-
ments.
(6.) Without Minor Improve-
ments.
■3. Not exceeding 4 Years' and
above 3 Years' Rent —
(«.) With Minor Improve-
ments.
(6.) without Minor Improve-
ments.

4. Not exceeding 3 Years' and

above 2 Years' Rent.

5. Not exceeding 2 Years' and

above 1 Year's Rent.

6. Not exceeding 1 Year's Rent -

£ s. d.

((2,463 \ 8

434 11 0

1,679 18 8
347 12 0

166 11 6

166 11 6

.(; s. d.

8,475 0 8
5,260 16 10

496 4 0

2,717 19 0

1,482 0 2

185 14 0

1,296 6 2

24 7 3

£ s. d.
2,655 12 5
2,015 1 4

446 1 7
204 9 6

235 10 6
35 18 4

199 12 2

8 16 0

713 18 2
713 18 2

& s. d.

778 17 0
544 19 6

233 17 6

165 14 6
17 14 6

148 0 0

40 0 0

£ s. d.

547 0 6

547 0 6

136 16 7
8 15 0

128 1 7

47 8 10

£ s. d.

3,904 12 0

84 0 0

306 5 0
3,514 7 0

353 16 0
2 10 0

351 6 0

89

5 8

55

0

0

12

0 0

10

0

0

10

8 0

-

Where

In

Decrees

Cases

were

of

made.

Appeal.

r-i

T3

-a

13

g

li

%

Q

a .

^

Where

Decrees

were

made.

In

Cases
of

Where

Decrees

were

made.

5

In

Cases

ol

Appeal.

6

2 3 0

9 14 0

6 6 0

Where

Decrees

were

made.

In

Cases

of
Appeal.

Where

Decrees

were

made.

In
Cases

of
Appeal.

Where

Decrees

were

made.

In
Cases

of
Appeal.

a Including 325/. 18s. for the year 1870.

(181.)

h Information as to scale of compensation not given for Waterford

B 2

( 12 )

IRELAND.

1872.

Courts of Ceaiemen of Counties and Courts of Recokdeks— Table 3

, — PeOCEedings under the

counties

arranged in

provinces.

ere held.

Number ot Cases ektebed.
Nature oe Claims.

AND

1

g

.a

Number withdrawn and
settled.

Number ol Dismisses.

1

If
15

■fi

1
S

II

m

if

i

r-

=1

ll
1

i

■Is

1.

s

i
If

1^

ll

n

Leinster :

Carlow

2

...

...

"i

1

...

I

3

* ' '

*"

...

Dublin (1871) -

La

5

4

4

1

Kildare

1

1

I

1

...

...

Kilkenny -

2

" '

K's. County (1871)

La

...

...

2

1

Longford

2

3

2

1

3

1

Louth . - -

2

4

4

4

...

Meath (1871)

.5

3

3

...

1

2

6

...

Q's. County (1871)

5

12

10

10

...

2

4

i

al

Westmeath -

3

4

2

4

...

...

2

1

Wexford -

4

6

66

...

1

4

1

...

...

...

Wicklow
Total of Leinstek

2

5

4

1

...

4

...

1

...

34

43

34

26

I

1

13

12

12

6

2

3

MUKSTEK :

1

Clare -

8

8

8

• ■•

6

1

1

Cork,E.R. (1871)

5

29

23

6

...

7

11

6

5

...

Cork, W.R. (1871)

5

34

24

9

10

12

12

...

c'ln

...

Kerry - - -

3

13

11

2

...

11

I

1

...

Limerick

2

18

9

18

6

2

3

...

7

2

...

Tipperary -

5

16

16

16

...

3

7

2

4

Waterford -

Total of MUNSTEK

3

12

12

11

...

...

4

3

2

3

....

I

31

130

103

62

...

'•••

47

37

27

9

10

[7]

2

1

Ulster :

Antrim

2

42

25

25

17

1

5

7

6

17

4

3

Armagh

3

59

55

49

53

37

23

15

7

5

9

Cavan - - -

2

9

8

8

I

2 .

2

2

3

...

...

Donegal

3

31

10

12

22

i

10

6

7

6-

...

2

Down (1871)

[3

24

19

17

12

10

5

3

6

Fermanagh -

2

58

52

57

46

2

13

9

11

16

8

i

Londonderry(187i;

\i

51

20

35

44

3

29

17

4

...

1

...

Monaghan (1871)

|2

3

1

2

2

3

...

...

...

Tyrone
Total of Ulster

4

69

41

43

43

11

22

20

i

12

4

4

1

25

340

231

268

240

56

117

81

47

60

21

20

1

CONNAtrOHT :

Galway

6

17

14

17

4

8

5

I

Leitrim

3

19

16

19

•2

3

4

6

4

2

1

Mayo - - -

6

22

22

20

...

9

4

I

8

Roscommon

8

9

8

9

I

1

7

3

Sligo -
Total of CON-

NATIGHT -

Total of Ireland

2

13

11

13

9

2

2

25

80

71

78

2

26

15

12

10

17

...

2

3

115

599

439

434

241

59

203

145

98 ,

85

48

20

7

7

a. Not proceeded with.

b Including claims for improvements. c Referred to arbitration, and when landlord refused to

abide by, were dismissed.

( 13 )

1872.

IRELAND.

Landlord and Tenant ("Ireland) Act, 1870, in tlie Year 1872, from Eeturns made by the Clf.eks of the P

EACE.

Total.

POE Loss ON QUIITIKO

HOIBIN e AND iMPEOVE-

MBNTS TOOETHEB.

FoK Ulster
Tenant-Risht.

Foe DI3TISCT

GE0UHD3.

AaOREGATE

or msTiifOT
Geounds of

CiAIM.

Amount ov

Costs
Adjudoed.

COUNTIES

AKRANGBD IN

PROTINCES.

ill

<

a

II

is

§11

4

■go .
-=1

1

it

1°

h
III

o K o

it
■si

Amount Decreod,
exclusive of Costs.

■s _

12;

1
o

-If

II

gat

i

> " .:

Sad

ftg o

£

£

&

, £

£

£

£

£

£

£

£

£

£

£

£

£

Leinster :
Carlow.

158

158

...

...

...

... 1

Dublin (1871).

40

6

34

::;

...

...

...

...

::: ]

7

Kildare,

Kilkenny.

King's Cnty.Cl871)

Longford.

417

210

207

...

220

197

210

207

A9

2

Louth.

T5

75

• ••

...

...

• *<

...

...

... ■

Meath (1871).

42

13

29

...

...

...

••• .

Queen'sCty.(1871)
Westmeath.

20

20

...

20

20

2

2

Wexford.

663

412

251

487

300

187

...

176

...

112

64

11

Wicklow.

Total of Leinster.

1,415

641

774

487

300

187

.,.

...

...

416

197

322

291

22

11

MUNSTER:

829

314

515

620

240

380

209

74

135

4fi

Clare.

284

143

141

...

• a*

■

Cork, E. R. (1871)

773

228

545

■

Cork, W.E. (1871)

430

120

310

430

120

310

30

8

Kerry.

1,713

686

1,027

53

8

45

*..

1,660

678

982

c...

c...

Limerick.

1,540

1,036

504

1,288

1,036

252

...

20

232

252

5

Tipperarj'. '

506

2

504

506

2

504

...

...

...

Waterford.

Total of MUKSTER.

6,075

2,529

3,546

2,897

1,406

1,491

...

229

1,892

752

1,369

81

8

UlSiee :

922

28

894

49

28

21

873

873

13

26

Antrim.

1,463

98

1,365

55

7

48

1,040

45

995

12

253

103

46

322

57

19

Armagh.

38

7

31

38

7

31

2

4

Cavan.

939

80

859

887

62

825

52

18

34

58

19

Donegal.

925

925

...

...

... ]

Down (1871).

1,202

137

1,065

640

lU

630

485

77

127

435

32

23

Permanagh.

2,119

543

1,576

... 1

Londouderry(187l)

373

12

361

... ]

Monaghan (1871).
Tyrone.

Total of Ulster.

2,851

330

2,521

640

18

460

1,661

60,

1,601

...

361

189

90

460

127

30

10,832

1,235

9,597

782

222

560

5,101

177

4,924

12

1,099

421

281

1,251

289

121

COXN'AUGHT :

169

37

132

...

...

...

57

112

37

132

c...

c...

Galway.

178.

90

88

... ■

178

90

88

3

30

Leitrim.

349

49

300
34

265

37

228

84

12

72

27

6

Mayo.

...

...

• •.

3

Roscommon.

315 va

243

...

78

237

72

243

28

".;

Sligo.

rotal of CONNAUQHT.

Total of Ireland.

1,045

248

797

265

37

228

...

397

349

211

535

61

36 '

19,367

4,653

14,714

4,431

1,965

2,466

5,101 177

4,924

12

2,141

2,859

1,566

3,446

153

176

c Not returned.

(181.)

B 3

( 14 )

IRELAND. 1873.

Courts of Chairmen of Counties and Coukts of Recokdeks.-Table 3.— Pkoceedings under the

COUNTIES

ARRANGED IN

PROVINCES.-

|1

|i
II

11
1^

NuMBEB OP Cases enteeed,
Natuee op Claims.

AND

i

i

•s
1

Iz;

g

u

II
II

1

s

o
I-

1
g

H
Ii
if

15

■g

13

i

II

0
la

1

■S3
g 0

Ill

g

o bn

si

Pi

1^

""I

ii
II

Pi

Leisstek :

•

Carlow

2

13

13

6

12

1

2

Dublin

3

4

3

2

3

1

Kildare

4

7

6

4

5

2

...

...

...

...

Kilkenny

2

3

3

1

1

1

...

King's County

3

13

13

13

5

2

4

1

1

...

Longford

2

7

7

6

3

1

2

1

Louth -

2

2

2

2

...

2

Meath -

5

a6

■ .■

3

2

1

...

Queen's County -

5

7

"e

1

...

2

2

1

"2

1

...

Westmeath -

3

9

6

3

1

8

1

1

Wexford

4

13

13

4

6

2

"l

1

Wicklow
Total of Leinstek

2

4

3

"i

4

...

...

...

37

88

75

38

...

43

22

16

3

4

...

3

3

MUNSTER :

Clare -

2

17

17

17

11

6

...

Cork, E. E. -

5

21

14

21

3

2

1

13

2

4

1

Cork, W. E.

5

9

5

7

4

3

2

...

Kerry - - -

3

60

12

48

17

19

14

10

Limerick

2

10

9

9

...

1

6

1

1

...

2

Tipperary -

5

17

15

13

2

3

9

4

3

1

*■»

...

Waterford -
Total of MUNSTEB

3

7

7

6

...

4

1

2

"3

25

141

79

121

2

4

54

25

29

16

15

2

4

1

3

XJl-STEK :

Antrim

2

46

32

40

17

4

13

7

14

11

1

...

1

...

...

^ ■>

Armagh

3

47

29

32

24

11

12

22

13

, ,,

■ ••

...

'•-1

Cavan - - -

8

8

7

7

4

• •>

3

...

1

1

3

...

1

Donegal

3

31

9

12

24

3

12

5

6

6

2

• • •

...

Down (1871)* -

[3

24

19

17

12

10

5

3

6

...

...]

Fermanagh -

2

58

50

56

49

1

12

10

1 '

20

13

2

Londonderry

4

76

24

22

40

6

11

13

13

25

3

11

• •.

Monaghan -

2

15

12

13

12

3

8

5

2

...

Tyrone
Total of Ulstek -

4

77

73

73

75

12

25

20

13

2

10

"7

...

26

382

255

272

257

40

106

87

66

71

32

20

2

CONNAUGHT :

Gal-way

6

14

11

13

7

1

4

1

1

...

Leitrim

3

28

25

27

1

1

6

7

8

2

4

1

...

Mayo - - -

6

23

23

23

...

13

4

2

4

...

Eoscommon ■

5

40

40

40

1

8

7

24

.. .

1

Sligo -
Total of Cox-

2

10

10

9

■••

6

1

3

...

...

22

115

109

112

1

1

33

21

17

14

29

1

1

'1

NAtranT.
Total of Ireland

123

726

518

543

260

45

236

155

128

104

80

23

9

56

3

* To obviate, as far as possible, the effect upon the totals of Ulster and of Ireland of the omission of the Clerk of the Peace for the
county of Down to furnish the required Eeturn, it has been found necessary to re-publish the figures from the Return last obtained viz., iu
the year 1871. '

a Nature of claims not stated. b This total in table is erroneously given as 4.

( 15 )

1873.

lUELAND.

Landlord and Tenant (Ireland) Act, 1870, in the year 1873, from Returns made by the Clekks of the Peace.

Total.

rOB Loss ON QDITT1K&

Holding and Improve-
ments TOSETHEK.

Foe Ulbtek
Tenant- Ri&HT.

For distinct
Gkounds.

AaQKEGJATE

ou distinct

Gbounds op

Claim.

Amount op

Costs
Adjudged.

COUNTIES

^■i

fe

■So

-4^73

§

"So

^■.

§

Amount Decreed,

■ri

8

•Bi

o o a
en

Hi
1=^

1^

ili
lis

»1
|o5

ill

<1

4^

1=1

II

exclusive of Costs.

o

4^

!5

1

AREANGED IN
PROVINCES.

ill

m

aa

o p

OHO

gas

£

£

.*

£

£

&

£

&

£

£

£

•
£

£

£

£

£

Leinster :

316

209

107

316

209

107

8

...

Carlow.

164

60

104

...

134

30

60

104

7

...

Dublin.

727

102

625

363

51

312

105

259

51

313

Kildare.

333

87

246

333

87

246

...

..'.

...

Kilkenny.

690

690

690

690

...

...

King's County.

70

15

55

70

15

55

2

Longford.
Louth.

446

446

446

446

...

23

5

Meath.

55

15

40

55

15

40

...

Queen's County.
Westmeath.

70

70

7*0

70

12

4

Wexford.

381

272

109

117

8

109

...

...

74

190

264

...

9

...

Wicklow.
Total of Leinster.

3,252

760

2,492

2,405

370

2,035

313

534

390 457

59

11

MirNSTEE :

1,100

248

852

1,054

246

808

...

46

2

44

132

14

Clare.

538

40

498

288

40

248

64

186

.. •

250

18.

Cork, E.R.

778

58

720

389

58

331

255

134

389

37

6

Cork, W.R.

1,238

409

829

1,238

409

829

94

17

Kerry.

531

359

172

337

229

108

20

174

120

74

10

Limerick.

968

73

885

484

73

411

...

...

404

80

484

Tipperary.

965

343

622

965

343

622

■*•

Waterford.
Total of MimsTEE.

6,118

1,530

4,588

4,755

1,393

3,357

...

743

620

122

1,241

291

37

Ulster :

649

33

616

254

17

237

121

121

98

176

16

258

47

67

Antrim.

1,854

102

1,752

892

102

790

70

...

70

356

536

...

892

48

37

Armagh.
Cavan.

54

16

38

...

...

45

9

16

38

9

835

109

_ 726

35

2

33

742

100

642

...

58

7

51

71

43

Donegal.

925

925

...

...

...

... ]

Down (1871).
Fermanagh.

441

108

333

350

76

274

...

91

32

59

59

794

54

740

259

13

246

535

41

494

Londonderry.

Monaghan.

Tyrone.

Total of Ulster.

1,374

129

1,245

844

40

804

500

89

411

30

30

68

25

1,522

135

1,387

1,138

110

1,028

154

...

1.54

230

25

205

107

42

8,448

686

7,762

3,772

360 3,412

2,122

230

1,892

729

900

96

1,533

409

214

CONNAUGHI :

344
364

114
146

230
218

153

83

70

233
141

111
70

114
63

230

148

a...

a ...
50

Gal way.

785
60

267

177

6

21

608

54

246

577

60

127

125

6

21

452

54

106

...

91

208
49

52

156
140

a...
3
9

a ...
3

Mayo.

Eoseominon.

Sligo.

Total of CoN-

1,820

464

1,356

917

235

682

...

...

...

465

438

229

674

42

53

NAUGHT.

Total of Ieeland.

19,638

3,440

16,198

11,849

2,363 9,486

2,122

230

1,892

2,250

2,492

837

3,905

801

315

a No record kept.

(181.)

B 4

( 16 )

IRELAND. 1874.

Courts of Chaiemex of Counties and Courts of Eecoeders-

-Table 3. — Proceedings under th

counties

abbangbd in

provinces.

n
11 ■

II

NxTMBEE OP Cases entekei
Nature os Claims.

.AND

O
§3

a

1

Il

-j:

1

•a .
■f .

|.|

o

a

'a
m
1

11

t-i
o

1

II

||
if

{1

1

"a

gs

§■0

3i

*3 ti)

•3.S

i

>

o

H

2".

o ^

o B

!§

K

12;

a

K

Iz;

-I

•?

■f

Leinstee :

•

Carlow

2

5

5

5

4

1

f

I

...

2
3

Dublin (1873) -
Kildare

[3
4

4
9

3

4

2
6

3
2

5

1

1

1

Kilkenny (1873) -

[2

3

3

...

1

1

1

2

1
2

King's County

2

6

6

6

3

Longford

2

4

3

4

2

1

Louth (1873)

[ 2

2

2

2

Meath (1873)

[4

a 6

...

3

2

1

...

Queen's County -

5

9

8

9

1

5

I

1

1

1

...

I

Westaieath -

3

8

4

8

4

3

1

Wexford

4

9

7

7

7

I

1

Wicklow
Total of Leinstbr

2

5

4

3

1

3

2

.\.

35

70

49

52

....

2

37

16

12

2

2

1

1

6

Mtjnstek :

Clare -

2

32

32

30

12

I

2

7

10

Cork, E.R. -

5

15

12

15

6

4

5

19

2

Cork, "W.E. -

5

16

16

16

8

2

4

2

..

Kerry - - -

3

35

35

29

20

7

7

...

I

Limerick

2

8

6

8

1

7

1

Tipperary -

5

18

10

9

I

3

7

2

2

3

2

-

Waterford -
Total of MuNSiER

3

14

14

11

4

1

3

•

6

...

25

136''

125

118

I

4

64

17

23

14

15

3

19

2

...

Ulstek :

Antrim

2

28

24

2

2

11

11

6

Armagh

3

63

58

55

58

20

15

39

9

...

...

Cavau - - -

3

8

7

7

4

I

2

2

3

...

Donegal

3

40

9

8

30

I

7

10

13

6

3

I

...

Down - - -

3

15

3

12

8

4

3

...

Fermanagh -

2

44

44

42

40

4

11

3

5

16

8

1

...

Londonderry

3

164

23

54

158

9

37

12

65

5.

36

Monaghan -

2

18

17

16

16

7

9

4

4

1

Tyrone

Total of Ulster -

4

411

40

41

404

2

20

11

15

362

1

2

25

791

222

228

724

34

91

115

70

454

21

40

...

CONNADGHT :

Galway (1873) -

[6

14

11

13

7

1

4

I

1

.,

..»

...

Leitrim

3

7

7

7

1

3

4

• •.

Mayo - - -

6

18

18

18

11

5

2

...

...

Roscommon -

5

13

11

2

...

5

•5

2

1

..

...

Sligo -

Total of GON-

2

12

12

11

...

4

5

I

I

...

22

64

59

51

I

30

20

10

I

3

'

NAUOHT.

Total of Ireland

107

1,061

455

449

725

41

222

168

115

471

41

44 i

20

8

...

a Details not given.

( 17 )

1874.

IRELAND.

Landlord and Tenant (Ireland) Act, 1870, in the Yetir 1S74, from Returns made by tlie Clerics of the Peace.

Total.

3 o 55

2 Xr^

J3

POK Loss OS QUITTING

Holding ASD Improve-
ments TOGETHEK.

©H

fe

Foe Ulstee
Tekaht-Uigbt.

Foe DISTINCT
Geounds.

3 w M
O M O

a '^o

Amount Decreed,
exclusive of Costs.

.si

CO tf r-H

O S o

g 0 P

Aggeegate

Of DISTINCT

Costs
Adjudged.

Geounds of
Claim.

■A

fe

■Si

^

+3

■go

Hi

^^

+s

o

PJ

5"S

!|

^1

1

tK

!^

H

H

COUNTIES

AE.EANGED IN

PROVINCES.

I

£

271

35

164

60

141

40

333

87

199

40

54

8

446

437

53

155

75

29

183

30

236
104
101
246
159
46

446
384
155
46
158

£

&

£

271

35

236

141

40

101

333

87

246

199

40

159

27

8

19

446

446

56

56

34

3

31

36

36

2,463

6,358

382

1,913

471

310

104

559

147

1,157

356

1,052

416

693

138

674

52

2,081

1,543

1,442
206
412
801
636
555
622

1,684

407

2,690

22

534

680

335

2,280

563

1,675

135

57

4

110
51
23

132
63

563

9,186

1,138

4,674

272

2,633

18

424

629

312

2,148

500

1,112

1,413

65

559

1,073

285

693

5

213

1,330

386

1,027

65

147

412

337

736

64

221

138

55.i

2

3

4,093 1,074

3,019

383
225

201
420
235

547

8,048

344
)75
297
2G9
358

114
40
97
17
70

1,443 338 1,105

230
135
200
252

288

2,011

117
. 297
: 269

358

12]
3

61
44
23

271

262
222

140
376
212

276

134

10

332
41

30

17

105
99

60

53

26
30

585 335

119

84
80

387

381
245

687
282

2,260
270

2,280
563
581

132
63
21

2,206
255

2,148
500
560

22

670 1,595

76
22
63

324

169

104

19
352

50

£
104

"27

384
99
15

122

751

415
141

65
415

619

12

23

169
19

36

610 1,655 349

24
107

260
100

223

523

1,488

13

97
17
70

104

200
252
288

5,954

285

5,669

22

485

714

14

4

34

7

271

10

205

18

29

253

100

276

330

891

80
112

400

233
30

19,450

3,542

15,908

1,041

8,688

197

2,007

884

6,681

5,954 285

5,669

22

263

2,003

111

28

114

27

139 141

230
31

15

261

2,783 1,250 3,558

15

870

...]

2]
5]

10
2

106 28

9

42

51

16

9

5
75'

23

9
60

197

276

Leinstek :

Carlow.
Dublin (1873).
Kildare.

Kilkenny (1873).
King's County.
Longford.
Louth (1873).
Meath(1873).
Queen's County.
Westmeath.
Wexford.
Wicklow.

Total of Leinstek,

Mdnstee :

Clare.

Cork, E.E.

Cork, W.K.

Kerry.

Limerick.

Tipperary.

Waterford.

Total of MUNSTEK,

Ulster :

Antrim.

Armagh.

Cavan.

Donegal.

Down.

Fermanagh.

Londonderry.

Monaghan.

Tyrone.

Total of Ulster :

Connaught :

Galway (1873).

Leitrim.

Mayo.

Roscommon.

Sligo.

Total of Con-
naught.

Total of Ireland.

(181.)

C

( 18 )

IRELAND. 1875.

OotTKTS OF Chairmen of Counties and Courts of Eecokdees — Table 3. — Proceedings under the

1

NuMBEK o'S Cases enteeed.

AND

S

1

■•g

5
i

-2^

It

Natoee oe Claims.

rt

s

■rf

|1h

*4

0

ID .

i 3

i'C

counties

arranged in

provinces.

S-i

II
II

?5

1
o

1

1

g
S

■3

g

If

M

-*3

s

s .

0) o

CO

i

in H

|i
1^

§1

Ho

II
1^

IS

4J to

c.a

§§
o to

^ a

i

§
1^

fell

P4

Leinstek:

•

Carlow

2

I

1

1

1

..

...

Dublin

3

6

6

5

5

1

...

...

Kildare

4

...

I

...

Kilkenny -

2

i'

2

2

2

2

King's County -

2

9

9

7

2

...

Longford

2

4

4

3

2

2

Louth - - ,-

2

4

1

1

1

2

1

1

Meath -

4

4

4

I

3

...

1

Queen's County -

5

3

%

3

1

2

1

...

Westmeath -

3

10

10

10

5

4

1

...

Wexford

4

6

4

4

1

2»

3

2

"Wicklow
Total of Leinstek

2

7

7

4

5

1

_1

...

35

58

51

33

1

1

30

13

10

5

••

4

MUNSTEK :

Clare - - -

2

29

27

20

9

2

5

I

12

...

Cork, B.R. -

5

19

10

14

16

1

1

I

4 .

3

Cork, W.B. -

5

17

8

10

5

4

5

I

...

2

• • t

2

Kerry - - -

3

38

28

10

20

10

7

I

..

2

1

Limerick

2

6

6

6

5

...

1

Tipperary -

5

17

12

15

11

4

1

1

Waterford -

Total of MUNSTEK

3

7

7

7

...

3

1

3

...

...

1

...

25

133

98

82

69

22

22

'

16

2

6

6

...

Ulster :

'

Antrim

'2
3

34
51

33
41

34
.49

14
49

9

24

8
12'

10
26

4
9

12

...

4

2

Armagh

3

6

6

5

3

1

3

2

1

Cavan - - -

3

19

13

13

18

1

2

3

6

7

1

Donegal

Down - - -

3
2

32

46

46

1
46

31

42

4

12
13

5

4

7

11
5

5
10

'2

4

...

Fermanagh -
Londonderry
Monaghan -

3
2

4

30

H

401

4
U
35

6
11
35

20

10

391

5
6

15

3

23

7

8

282

4

88

3
3

3

1

2

2

...

Tyrone
Total of Ulstek -

25

630

189

200

578

60

91

341

124

41

20

5

8

2

2

CoiraATJGHT'-.

--

Galway
Leitrim

6
3

10
4

10

10
4

...

7
2

...

2

1

1

1

..•

Mayo - - -
Koscommon-

6

13

12

13

.••

7

4

1

1

, ,

5

65

60

1

4

8

26

3

17

11

2

SUgo -

2

16

13

14

...

1

7

2

4

1

'a

1

Total of Coy-

22

108

95

42

4

1

31

32

11

18

5

U

1

2

...

NAIIGHT
Total of IllELANI

1

) 107

1 929

433 357

583

52

221

408

167

66

41

16

10

13

10

( 19 )

1875.

IRELAND.

Landlord and Tenant (Ireland) Act, 1870, in the Year 1875, from Returns made by the Clerks of the Peace.

Total.

■go

CD

P o «

1^-

Fob Loss on quitting

HOLDlNa AKB IMPBOTE-
MENTS TOGETHEE.

l^s

015

T?OB Ulster
Tenant-right.

Foe distinct
Gbounds.

Aggeegate

op DISTINCT

Geounds OE
Claim.

Amount Decreed,
exclusive of Costs.

^ « ,1^
K a S

B a=3

o+=

•=1 a

Afflo

UNT OE

Costs

Adjudged.

fl OT

r^Q

1

^-o

Pi

f3 ., c^

f<

o u9

o

H

EH

COUNTIES

AEEANGBD IN

PEOVINCES.

£

£

1,031

223

148

99

746

422

50

7

100

" *

43

1

350

20

10

319

118

2,807

880

808

49

324

43

100
42

350
10

201

1,031

118

696

25

100

43

350

£

^

223

808

90

28

417

279

7

18

100

1

42

350

1,927

2,363

738

660
158
557
1,650
195
776
605

106

29

115

395

.31

167

36

4,601

550

1,760

252

162

228

562

4,815

138

3,205

11,672

879

21
163

10

76
725

58
355

1,408

554
129
442
1,255
164
609
569

553
119

485
951
163

605

76

100

181

31

36

3,722

2,376

1,625

477
119
385
770
132

569

424 2,452

529

1,597

252

152

228

486

4,090

80

2,850

550
359

267
1,057

591

21

77

35

217

103

10,264

2,824

453

207

53

76

42

161

35

1,111

170

549

35

154

34

126

941

514

207

76

161

1,103

505

53

42

35

165

35

529
282

232
840

488

2,371

154
34
126
938
470

1,042

112
228

2,701
115

2,023

6,221

11

20
319

30
50
14

350 94

10

291

53

150

504

1,032

112

228

2,410

62

1,873

107

72

508

406

39

191

32

370

...

33

9

21

11

5

45

,. ,

...

25

4

10

5

10

10

3

118

201

13

142

1,093

.5,717

269

252
50

103

243

10

242

1,169

44

632

90

192

814

13

349

30

29

15

214

167

302

79

77
10
57

485
32

609

455 1,270

76

10

41

217

5

102

1,458

451

283

252

40

254

840

18

489

101
12
42

154
16

28

353

19
56

10

46

a...

7

135

2,176 273

2,104

21,184

335

1,769

3,502

17,682

2,052

10,115

3

44

330

1,945

1,722

8,170

6,221

504

5,717

44

44

2,620

2,184

47

1,053 3,795

16
a...

24

46i

5
16

14

35

11
40
10
25

28

50

164

U
22

12

45

53e

251

Leinstee :

Carlow.

Dublin.

Kildare.

Kilkenny.

King's County.

Longford.

Louth.

Meath.

Queen's County.

Westmeatli.

Wexford.

Wioklow.

Total of Leinsiek.

MUNSTEE :

Clare.

Cork, E.E.

Cork, W.E.

Kerry.

Limerick.

Tipperary.

Waterford.

Total of MUNSTEK.

Ulster :

Antrim.

Armagh.

Cavan.

Donegal.

Down.

Fermanagh.

Londonderry.

Monaghan.

Tyrone.

Total of Ulstee.

Conn AUGHT :

Galway.

Leitrim.

Mayo.

Roscommon.

Sligo.

Total of Con-
naught.

Total of Ireland.

a No record kept.

b. In table the total is given as 48 in error, therefore total at c should be 751.

(181.)

C 2

( 20 )

IRELAND.

1876.

CooKTS OF Chairmen op Counties and Couets op Recoeueks — Table 3. — Pkoceedings under tl

21
S

NuMBEE OP Cases enteked, and
Natuee oe Claims.

•a

1 •

0

i

0

1

in

5»
II

2

§

COUNTIES

AUEANGED IN

PROVINCES,

IE
ll

S

a

a

p
0

1
p.©

n
g

1

1

1

.11

H

03
CD

■S.3

g

9 ■

o

bo
■§»•

" 1

C
0

II

II

oa-3

s

^

§■2

1
1

II

P+3

0

1

1

ft

a

1?

B

|i(

c^

PH

Ph

fe

15

|2!

Iz;

!zi

fs;

|2i

<i

<3

<J

IiEIMSTEIt :

Carlow

2

2

2

1

2

...

...

'

Dublin . - -

3

4

2

2

4

...

...

...

...

.>.

1

Kildare

4

11

10

10

5

1

4

1

...

...

Kilkenny

2

5

2

3

2

1

2

. ..

• ••

1

King's County

2

3

3

2

1

...

Longford

2

4

4

3

2

1

1

...

...

...

Louth - - -

2

3

2

1

2

1

...

Meath -

4

4

3

1

...

3

1

Queen's County -

5

10

5

5

3

2

4

1

Westmeath -

3

8

7

7

3

1

1

3

Wexford -

4

9

9

8

...

5

1

1

2

Wicklow
Total of Leinstbk

2_

4

4

4

..'.

3

...

1

35

67

53

45

34

9

15

7

1

1

...

1

1

MUHSTEE :

Clare -

2

12

9

9

3

5

1

3

Cork, E.E.

5

7

3

3

...

4

1

2

1

2

Cork, W.R. -

5

10

5

7

...

4

3

2

i

3

Kerry -

3

9

2

7

...

5

2

2

2

Limerick

2

3

3

3

...

2

...

...

1

2

Tipperary -

5

0

5

4

...

2

3

1

« 1

Waterford

Total of MUNSTEE

3

4

4

4

2

1

1

...

25

51

31

37

...

...

22

11

9

8

1

4

8

Ulstee :

Antrim (1875) -

2

34

33

34

14

9

8

10

4

12

2

Armagh

3

. 24

24

23

23

1

8

5

4

7

Cavau - - -

3

6

6

6

2

3

2

1

Donegal

3

21

13

13

20

5

10

5

3

1

2

...

Do^vn -

4

25

3

1

21

8

2

7

2

6

1

Fermanagh -

2

34

34

34

28

6

7

1

9

17

1

Londonderry

3

52

6

4

42

19

21

5

1

2

4

Monaghan -

2

14

14

14

12

8

1

6

2

5

Tyrone

4

65

55

54

55

11

31

7

5

13

7

2

2

...

Total of Ur.?TER-

CofiNATJCIIT ;

26

275

188

183

217

40

95

53

33

47

39

8

4

2

Galway

6

8

7

8

4

2

2

Leitrim

3

4

4

1

1

1

1

...

Mayo •

6

26

19

26

...

11

2

/

6

Hoscommon -

5

34

34

34

6

11

1

5

11

Sligo . -

2

7

6

6

1

2

1

4

...

Total of Cox-

22

79

70

74

1

24

16

9

13

6

11

NAUGHT.
Total of luELAXD

108

472

342

339

217

41

175

89

66

75

47

20

9

11

■•

( 21 )

1876.

IRELAND.

Landlord and Tenant (Ireland) Act, 1870, in the Year 1876, from Returns made by tlie Clerks of the Peace.

Total.

Foe Loss on quittins
Holding and Impkote-

MENT TOeETHEE.

Foe Ulstee

TiJNANT-lllGIIT.

Foe DrsTiucT
Geounds.

Aggeegate

op DISTINCT

Geounds of
Claim.

Amount of

Costs
Adjudged.

1°

ij^

g

■s°

i-^

^

1°

r

0 .

0

Amount Decreed,

T3

- -i)

COUNTIES

HO .

Sal

■5

B ^

s

111

oS °

r

3 •?

1 .

<1

II

1^

exclusive of Costs.

"o

!l

>X2

^5

areangbd in

ill

<1

C H

0.5 .s

PEOVINCES.

£

£.

£

£

£

£

£

£

£

£

£

£

£

£

£

£

Leikster :

100

100

100

■ •-

100

• 1 <

Carlow.

131

19

112

131

19

112

••■

Dublin.

758

448

310

758

448

310

..•

Kildare.

353

165

198

305

155

151

"57

10

47

16

'"7

Kilkenny.

42

10

32

42

10

32

.,.

.

. . •

King's County.

90

5

85

90

5

85

9

Longford.
Louth.

522

100

"422

522

100

422

. .-

29

Meath.

207

12

195

...

"57

150

12

195

Queen's County.

101

22

79

22

6

16

...

50

29

16

63

10

4

Westmeath.

395

134

261

16

7

9

• ..

23'/

142

127

252

4

Wexford.

573

89

484

553

89

464

...

20

20

27

Wicklow.

3,282

1,00+

2,278

2,540

839

1,701

421

321

165

577

86

20

Tota] of Leinster.

Mukstee :

85

21

64

55

11

44

...

30

10

20

8

Clare.

127

23

104

127

23

104

...

...

...

10

8

Cork, E.R.

208

93

115

208

93

115

...

Cork, W.R.

437

95

342

"70

367

95

342

23

Kerry.

35

9

26

35

9

26

Limerick.

147

99

48

122

25

99

48

3

14

Tipperary.

156

8

148

...

66

90

8

148

16

Waterford.

1,195

348

847

425

136

289

...

288

482

212

558

60

22

Total of MUNSTEK.

Ulstek :

550

21

529

550

21

.529

19

11

Antrim.

555

150

405

130

54

76

358

"57

96

329

35

30

Armagh.

565

78

487

19

"9

10

546

69

477

...

...

16

Cavan.

1,594

120

1,474

10

10

1,584

120

1,464

48

26

Donegal.

897

319

578

77

77

662

292

370

"88

"70

"27

131

a...

a...

Down.

484

83

401

384

65

319

100

18

82

28

3

Fermanagh.

1,812

72

1,740

265

17

248

1,394

55

1,339

133

153

a...

a,..

Londonderry.

25

12

13

25

12

13

3

5

Monaghan.

2,728

313

2,415

220

52

168

2,086

209

1,877

197

225

52

370

165

16

Tyrone.

9,210

1,168

8,042

1,525

164

1,361

6,502

817

5,685

643

540

187

996

314

91

Total of Ulstee.

Connattght :

137

137

137

...

137

...

10

Galway.

63

23

40

63

23

40

...

6

Lei trim.

. 564

56

508

391

46

345

46

127

10

163

a...

a...

Mayo.

312

70

242

312

70

242

...

Roscommon.

260

70

190

...

60

200

70

190

10

...

Sligo.

rotal of CONNATJOHT.

Total of Ieeland.

1,336

219

1,117

903

139

764

60

46

327

80

353

26

15,023

2,739

12,284

5,393

1,278

4,115

6,502

817

5,685

60

1,398

1,670

644

2,484

486

133

a No record kept.

(181.)

0 3

( 22 )

IRELAND.

1877.

CoDETS of County Court Judges and Chairmen (

COUNTIES
ARRANGED

IN
PROVINCES.

3

O

Land Sessions.

^

fe>

a

i

t3

«

<x>

a

a

n

o

CO

CD

1

g

P^

CI]

p

y

0)

r-l

g .;

■^-i o

>-,

B.

^

CO

^Ph

umber of
lodged.

i

.2

o °

^3

n
o ,

p."

^

«

o

O

'^

<j

11

;^ o

en

Appeals.

a

Kesitlt of Appeals

HEIBD.

-

13

g

■o

C3

2

3

T3

a

9

^

^

o

■3

.Q

pQ

TS

'O

o;

o

O

OJ

tS

ni

-*J

9

S

-3

<

<

Lein'stek :
Carlow -
Dublin -
Kildare -
Kilkenny
King's County
Longford
Loath
Meath -
Queen's County
Westmeath
Wexford
Wicklow

Total of Leinster

MuNSiEp. :
Clare -
Cork, E. R.
Cork, W. R.
Kerry
Limerick *
Tipperary
Waterford

Total of Munster

Ulster :
Antrim -
Ai'magh -
Cavan •■
Donegal
Down
Eermanagh
Londonderry
Monaghan
Tyrone -

Total of Ulster

Conkaugiit :
Galway -

^ Leitrim -
Mayo

Roscommon
Sligo -

Total of Con-
naugbt.

Total of Ireland -

3-t

26

23

108

2
1
8
7
6
5
5
12
10

28

14

*2

20

10
14

27

12

9

15

4

1
6

9

9

2

11

91

21
8
6
23
25
52
86
13
83

317

38

2

9

6

17

11

5

21

19

21

4
2
3
1

10
3

59
3
9

83

14
9
4

89
6

122

94

7

3

1

13

9

31

16

138

17

598 166

133

60
4

■I

10

10

5
4
4

58
2

13

90

3
4
3

53
2

11

11

79

*4
22

73

26

252

28

14

1

3

1

2

1

1

113 18

* Pending at close of year.

82

( 23 )

1877.

IRELAND.

QuAETEE Sessions and EEConDERs. — Table 3.

A3I00NT Claimed

£

557

1,594

143

185

703

t972

2,639

2,193

864

4,951

4,188

18,989

1,769
4,364
5,686
2,123
1,405
5,264
515

21,126

5,352
3,530
1,498

38,855
6,158

14,782

77,622
6,440

42,996

197233

1,860

776

500

12,025

2,716

P3

17,877

2552

O

O to

a

a

646

185
f300
722
346
120

3,253
2,101

£

416

757
28

279

1,032

876

544

1,626

2,087

Amount Deceeed, and Costs.

I

a

4

to
I

o

o
o

I

u

a

Foe Loss on quittin-g Holding

OR DiSTUEBANOE, WHEN ClAI3IED

OE Decreed separately.

Anioimt Claimed.

D

CU

to

.s M

^H

s

ja -S

O

^M

&P

1

• r-l

•'fl ^

m ,2

c3 f^

to «

O ca

O^

rt

a

141
191
115

124

250

1,261

1,197

320

72

7,673

7,645

3,671

3,618

2,014

270

438

187

6,527

1,616

2,355

64

35,466
2,905
8,741
6,982
4,242

28,510

329

90,881

20

680

2,231

1,651

857
5,046

10,485

3,.501
368
676
3,299
1,777
5,294
2,559
1,318
11,502

1,749

66

1,441

202

110

31

515

£

£

£

£

123

123

. ••

424

132

292

12

28

21

7

4

49

14

35

8

923

14

909

109

100

100

67

161

37

124

21

767

175

592

38

658

303

355

10

3,233

696

2,537

269

19
6

■'28

20
177
487-
606
244
756

4,114

2,290

235

807

758

90

1,476

747

68,081

880

2,984

30,294 76,058

660
163

11,192

1,679

775
284
500

727
771

425

106
266

329

329

13,694

118775

3,057

797

51,481

84,640

1,736
126
280

1,254
502

1,292

1,293
268

2,126

8,877

20

35

142

65

422

110

496

244

279

477

12
20
48
26
63

489 ],801

212
20
74

105
2

214
90
52

149

918

1,524
106
206

1,149
500

1,078

1,203
216

1,977

7,959

230
165
161
210
235

26
61
56

75

1,001

218

230
139
100
154
160

169

47

14

7

39

67

15
137

326

17
18
13
12

783

15,401

2,321

13,080

60

34
6

4
10

.e

251
725
119

398
642
606

7
7.50

3,586

306

162

{422

346

46

71

1,353

180

310

28

7
679

£

Vi

109
91

113

220

260

42

£

90

277
28

41

30

73

284

1,327

174
624
520
986
242
1,418
372

54 4,336

428

96

270

187

20
130

304

600

200

1,210

981 2,464

906

823

154
66

120

116
42
21

372

20

52

260

293

558

891 1,183

10

4

13

14
25

66

13

824

161

240

240

408

24

3,364

2,168

67
547

4,626

2,432

235

959

32
355

1,581

383

■ 78

251

54

289

115

174

...

590

,216

>

158

216

149

237

35
192

613

130

742

32
69

963

COUNTIES
ARKANGED

IN
PKOVIKCES.

136
24

1,262

409

13,810

5,175

583

270

16 0

5,955

2,680 3.129

Leinster :
CarIoT\'. ,
Dublin.
Kildare.
Kilkenny,
icing's County.
Longford.
Louth.
Meath.

Queen's County.
Westmeath,
Wexford.
WiokloTV.

Total of Leinster.

MUNSTEE :

Clare.

Cork, E. K.

Cork, W. R.

Kerry.

Limerick.

Tipperary.

Waterford.

Total of Munster.

Ulster:
Antrim.
Armagh.
Cavan.
Donegal.
Down.
Fermanagh,
Londonderry.
Monaghan.
Tyrone.

Total of Ulster.

COKNAFGHT :

Galway.

Leitrim.

Mayo.

Roscommon.

Sliffo.

Total of Con-
naught.

Total of Ireland.

(181.)

f Including 218/. in t-wo cases pending at close of year.

0 4

( 24 )

IRELAND.

1877.

[Table 3 — continucd.'\ — Proceedings in the year 1877, undw the

FOK IjirEOVEMENTS,

WHEN (CLAIMED OR DEOKEED'

SEPAKATELT.

Foe Loss on quitting Holding,
OE Disturbance and Impeove-

MENTS, WHEN CLAIMED OE DE-
CKEED NOT SEPARATELY.

EoE Ulster Tenant-Eight on
SIMILAR Custom, oe Incoming

PAyMENTS.

COUNTIES

Amount claimed

O

O

O
OJ

.£

o

>i

V

-a

V
O
ra ■

fl

3
O

g
<

Amount claimed

CO

1

o

o

.s

3

£ ■

o

ni

§

1
<i

Amount claimedj

i

0

ARRANGED

IN
PROVINCES.

'6

"5

a

^ CO

IS
.11

la

O^
a
1— (

CO
U

p

o

1

.9

CO

■ CD .

a|

1— I

QJ

en
w

1

■'3

O
fl

13

g

ID
fl

a;

EO

0

■|.i

o o

11

d

to

ID
OJ

o

.3

hH

1

i
o

fl

1— t

-d

o

a
1— I

15 .
fe.S

k

oP
•c S

§ 8

.20

fl

g

0

0)

p

',3
.g

tv .

SI

1— 1

13
V

'a
■■B

ta
<D
m
cS

fl

0

•«

fl
a
0

a

Leinstke :
Carlow -
Dublin -
Kildare -
Kilkenny
King's County
Longford
Louth
Meath -
Queen's County
Westmeath
Wexford
Wicklow

306

869

24

185

264

330

1,583

2,103

588

1,264

3,433

&

340

185

97

J300

74
2,030

236
447

156

686

876

268

1,264

1,408

&

70
82
24

11

30

897

1,155

320

£

33
147

8

603
100
96
694
251

£

450

276
3,680

3,253

.e

346

276
355

£

104
72

£

320

35

123

£
41

£
t'il

£

£

£

Total of Leinster

10,9.36

3,026

5,341 2,589

1,932

4,406

3,253

977

176

478

41

41

MuNSTER :

Clare -
Cork, E.R.
Cork, W.E. -
Kerry -

Limerick

Tippcrary

AVaterford

764
3,545
2,093
1,137
1,163
3,846

143

3,190
89

438

355
1,367
1,051

657
3,836

764

637
86
68
10

143

85
155
313

244
198

831

195

3,073

1,829

195
560

831

684

40
72

...

Total of :>.run5t.jr

12,691

3,717

7,266

1,708

995

4,099

1,829

755

1,515

112

TJlstkr :
Antrim -
Armagh -
Cavau -
Donegal
Down ,-
I'ermanagh
Londonderry -
Monaghan
Tyrone -

190

400

115
4,o92

412

IIG
40

2,628

61
141

1,664
412

13

309

115
100

61

200

35
30

2,180
3,340

14,030
2,422

806
3,361
19,024

1,043
2,355

13,491
1,200

302
2,632
12,440

1,011

178

449
942

504

324

5,899

126
807

90
280

405
685

288
46

342

317

96

1,347

2,742
190
600
24,825
3,621
7,026
76,816
2,600
23,425

217

21,975
1,705
3,945
6,680
1,610
16,070

2,429
190
300

2,850
835

2,671

2,055
550

5,248

96
300

1,081

410

68,081

440

2,107

1,38!

8C

15C

1,254
16C
35C
97c
10£
69C

Total of Ulster -

.j,599

2,784 .2,278

537

•

326

45,163

33,463

9,307

2,393

2,436

141845

52,202

17,128

72,515

5,152

C0X>'.tCGIIT 1

Gal way -
Leitrim -
Mayo

Eoscommon -
Sligo

744
158

2,126

348

48

1,463

183
110

613

213
50

29
11

235

703

500
12,025

234
11,192

341

500

727

158
106

230

150
186

• . •

...

...

lotal of Con-
naught.

3,028

1,859

906

263

275

13,258

11,426

1,568

264

566

...

...

...

...

Total of Ieela>-d

32,274

11,386

15,791

5,097

3,528

66,926

49,971

12,607

4,348

3,592

141886

52,243

17,128

72,515

5,15

. t Including an adjourned case pending at close of year, in ivhich claim is as follows :— For loss on quittine holding 213? • fo
improvements, 201/. ; total, 414/. f Including 19?. in a case pending at close of year. ^ ^' '

( 25 )

1877. IRELAND.

Laadlord and Tenant (Ireland) Act, 1870, from Returns made by the Clerks of the Peace.

Appeals fkom Land Sessions.

Amount Decreed at Sessions.

s

D

a,
a

V,

^

^

o

o

t

V

.Q

.Q

a

niJ

-o

^

o

t

s;

^ ■

rid

ti

M

-S

^

XI

i

s

§

§-«

11

-13

•3

p

^1

a,

.a

II

a

t-4

a

^

^

Amount
added on
Appeal.

a

ua

*P
O

.a

^

a "o

Amount

reduced on

Appeal.

-q
^

1-^

< CD

1^

Amount Decreed at

Assizes or Consolidated

Nisi Prius.

^

^

o

,Q

^

fO

t3

t3

r:*

d

fl

3

0) 5^

^

^

ji a

J3tC

COUNTIES
ARRANGED

IN
PROVINCES.

231

963

88
444

1,726

231

963

88
444

55

1,726

55

389

389

885

835

231

78
88

397

264

264

55

585

55

77

77

77

77

814

58

86

710

128

1,734

3,530

323

283

531

58

38

48

71b

128

2

1,732

3,207

12

12

1,107

1,107

268

531

58

36

710

128

140

485

1,820

585

300
653

231

88

658

300

397

30

30

1,024

1,024

12

12

25
«124
234

383

5,716

323

25
124
234

383

5,393

67

1,496

25
234

259

1,489

124

124

2,341

1,288

67

42
20

62

47

2,131

2,131

86
120

206

531
58
36

710

485

1,820

20
43

63

740

2,784

5
191

196

74'J

Leinstek :
Carlow.
Dublin.
Kildare.
Kilkenny.
King's County.
Longford.
Louth.
Meath.

Queen's County.
Westmeath.
Wexford.
Wicklow.

Total of Leinster.

Mdnster :
Clare.
Cork, E.R.
Cork, W.R.
Kerry.
Limerick.
Tipperary.
Waterford.

Total of Munster.

Ulstbk :
Antrim.
Armagh.
Cavan.
Donegal.
Down.
Fermanagh.
Londonderry.
Monaghan.
Tyrone.

Total of Ulster.

CONNAUGHT ;

Galway.
Leitrim.

124

124

2,341

Koscommon.
Sligo,

Total of Con-
naught.

Total of Ikei.and.

(181.)

D

( 26 )

IRELAND. 1878.

(58.) County Courts.— Table 4.— Land Sessions— Peocebdings in the year 1878, under the

Land Sessions.

Appeals.

Result oe
Appeals heaIkd.

a

Applications of

Applications of

■(«

Land Claim Cases.

Tenants to confirm

Tenants to register

T3

COUNTIES

TJl

1

Leases.

Improvements.

e

1

'3,

O

-9
Ft

•d
§

3

ARRANGED
IN

nj

rd

0

PROVINCBS.

"2 §

O

cS

??n

■d

"s

h

'6

o

^

o

o

0)

ce

TS

t^

-o

a>

i

ITS

"^

OJ

<B

^

m

.s.

ja

to

u

CU

CO

§

1

CJ

o
u

er entered
uding thos
inninp^ of v

0

U3

a

•■a

m

■fe

1
la

be

o

i

w

CI

o

bB

.g

•a

13

1

d
.2

1

s

H
O

1

-a
a
v

-i

o

5

o

at

3

3

to

S

o

1

■So t"

1.9 .g

D 3)

i

rg

o

t3
1

■ 8

1

'P4

a.
<

6

d

|2i

"3.
<

ft

CD

1

1

02

1

1

o
1

o

Leikstek :

Carlow -

2

4

3

1

...

...

...

...

...

...

.1.

Dublin -

3

1

1

...

...

...

Kildare -

4

2

1

1

...

...

...

...

Kilkenny

2

6

4

2

...

3

1

2

...

1

1

King's County

2

5

1

1

3

...

1

1

1

1

Longford

2

7

6

...

1

r*i

...

1

...

...

Louth

2

3

1

2

1

...

...

Meath -

4

9

4

3

1

1

...

1

...

1

Queen's County-

4

3

1

1

1

...

1

...

<..

Westmeath -

3

11

2

6

3

1

...

1

. . .

1

Wexford

4

14

9

3

1

1

...

*3

4

1

3

Wicldow

2

8

1

3

2

2

]

...

1

...

1

...

1

Total of Leinster

34

73

29

19

15

10

...

...

...

2

1

1

17

7

10

1

1

8

Mdnstek :
Clare -

2

14

4

4

2

4

3

3

2

1

Cork, E.R. -

5

14

5

3

4

2

10

10

1

1

4

1

3

1

1

1

Cork, W.E. -

5

13

7

4

2

3

3

2

1

1

2

2

Kerry

3

17

7

4

5

1

...

...

...

8

t4

4

2

...

2

Limerick

2

9

3

4

2

• >.

1

1

...

1

1

1

Tipperary

5

7

1

1

5

...

^

1

1

1

Waterford

3

10

5

2

3

1

...

1

2

2

1

1

Total of Munster

25

84

32

22

23

7

15

14

1

3

1

1

1

21

7

14

4

4

6

Ulstee :

Antrim -

2

44

14

5

23

2

22

22

5

5

...

1

4

Armagh -

3

11

5

1

5

...

1

1

...

...

Cavan

3

13

6

7

Donegal -

3

30

5

2

9

14

3

8.H

1

1

Down

4

15

6

2

5

2

1

1

1

Fermanagh -

2

38

13

2

22

1

7

1

6

Londonderry -

3

39

8

3

28

2

1

1 '

1

Monaghan

2

22

3

3

16

3

3

1

1

1

Tyrone -

4

58

18

2

37

1

2

2

2

Total of Ulster -

26

270

78

20 "

152

20

22

22

...

24

8

21

2

2

3

7'

CONNADGHT :

Galway -

6

7

3

3

«••

Leitrim -

3

14

7

6

3

3

1

9

Mayo

6

7

5

1

^

9.

^

Roscommon -

6

46

12

• • •

27

...

4

^

V,

2

Sligo - -

2

13

7

3

2

1

1

...

...

...

...

Total of Con-

23

87

34

7

35

11

1

1

q

2

7

1

2

4

naught.

225

48

3

10

35

Total of Ikbland

108

514

173

68

38

36

...

2

5

1

2

2

71

19

52

7

„ _ „ f Includes two adjourned Cases.

M 'p?'^ ot these cases was not decided, being reserved for High Court of Appeal.

Judil r^eser?ed hif dSn!'" '' "°^"' *" "^'' ^°^ *''" ^^'^' ^''' ^''"^"'^^ °^' ^' '° ^^' "^ *°'' ^^^'^ ^* ^P^^^g ^«s'==«' *'

( 27 )

1878. lEELAND.

Landlord and Tenant (Ireland) Act, 1870, from Eeturns made by the Clerks ofthe Peace,

Fob Loss on quitting Holding, ok

Amount claimed.

Amount decreed, and Costs. |

. Distdrbance, when claimed or

DECREED SEPARATELY.

i

I

0

sg

1

Amount claimed

1

I0

1

i

X

COUNTIES

CO

S

^

•s

0

GJ

1

(A

a

R
0

0
U

CD

S

0)

AEBANGED
IN

GJ

o

O

nS

'S

^^

t;

.SP

So

.S.s

p

0

'en

OJ

°s

a

s

X

•2-

«2

1=

■6

0 S

-s

a

E3

PROVINCES.

to

o

1

— <

•2 a

w en

IS
•-sg

en w

s

1

03

•1
g

13,

1

i

CO

0

1

f

1

0
0

tfi
0

0

0

■4-S

§

i

0

T3 0)

s 2:

1

a
S .

a
1— (

la

1
1

%

CO

CD

1

a

o

a
1— (

i

1

1

0

1

S
1

d

M

0
A

.5

0

a

&

£

£

■S,

£

&

■£

&

&

&

£

£

£

&

£

£

Leinstek :

804

709

...

95

.••

Carlow.

914

...

...

914

...

Dublin.

703

180

523

...

...

180

180

.. .

KUdare.

941

...

846

95

475

310

165

23

540

540

241

Kilkenny.

436

88

113

235

13

2

11

223

27

196

King's County.

1,113

19

1,094

...

528

300

228

24

677

14

663

441

Longford.

2,672

2,562

110

70

28

42

5

323

213

110

70

Louth.

1,707

125

566

853

163

235

21

214

33

15

1,123

125

566

269

163

235

Meath.

950

35

219

696

30

14

16

9

105

35

70

...

Queen's County.

2,031

320

457

904

350

113

83

30

36

i's

994

213

151

380

250

ioi

Westmeath.

3,650

133

2,751

610

156

1,086

211

875

64

5

.••

Wexford.

5,540

2,005

530

2,400

605

530

141

389

18

2,693

2,005

194

174

320

194

Wicklow.

21,461

6,088

6,661

6,194

2,518

3,080

1,110

1,970

212

35

6,858

2,785

2,261

893

929

1,282

Total of Leinster.

MUNSTEE :

3,973

370

1,308

1,370

925

626

153

473

63

299

100

199

70

Clare.

2,525

1,085

1,088

144

208

469

118

351

24

2,281

971

1,088

144

78

469

Cork, E,E.

7,682

2,626

4,089

967

...

743

219

524

116

'9

324

120

184

20

172

Cork, W.E.

6,139

2,899

1,572

361

1,307

714

210

504

66

10

1,798

423

568

89

718

373

Kerry.

1,866

328

664

874

203

53

150

18

2

1,003

164

345

494

145

Limerick.

2,666

2,275

36

355

5

5

3

...

...

Tipperary.

3,531

337

3,135

59

1,070

...

1,070

175

t45

902

228

674

225

Waterford.

28,382

9,920

11,892

4,130

2,440

3,830

753

3,077

365

66

6,607

1,906

2,959

946

796

1,454

Total of Munster.

Ulster :

7,571

3,886

2,388

816

481

1,292

446

846

80

28

...

Antrim.

3,507

1,877

1,283

347

381

162

219

Annagh.
Cavan.

4,423

1,692

2,731

^38

266

272

27

1,016

312

704

195

31,898

16,38C

5,344

699

9,475

739

40

699

35

19

. . >

Donegal.
Down.

4,554

809

2,729

657

359

637

120

517

...

199

96

*. .

103

15,84.3

12,874

2,541

256

172

1,048

250

798

69

5

2,847

1,878

871

56

42

254

Fermanagh.
• Londonderry.
Monaghan.
Tyrone.

16,262

4,353

1,242

667

...

1,295

174

1,121

82

64

18

.**

187

11,368

8,615

1,950

803

244

171

73

15

7

...

25,684

17,025

5,727

837

2,095

2,131

58

2,073

118

14

1,593

...

'"7

UlllC

67,511

25,935

5,082

12,582

8,305

1,687

6,618

344

73

4,144

2,350

56

145

643

Total of Ulster.

•

Con NAUGHT :

1,162

253

775

134

59

2

57

7

...

302

113

138

51

46

Galway.
Lei trim.

1,752

320

397

1,035

381

170

211

26

...

319

169

150

119

5,151

850

"56

4,245

392

40

352

34

5

...

<•>

Mayo.
Koscommon.

.6,630

4,298

1,862

470

679

75

604

68

118

118

...

1,309

432

691

186

337

136

201

...

625

114

361

150

309

Sligo.

16,004

5,050

4,053

831

6,070

1,848

423

1,425

135

5

1,364

401

624

138

201

474

Total of Con-
naught.

176957

88,569

48,541

16,237

23,610

17,063

3,973

13,090

1,056

179

18,973

7,442

7,427

2,033

2,071

3,853

Total of Ieeland

X Costs estimated hy Clerk of the Peace.
If In Londonderry no records for October Session were kept by the late Clerk of the Peace. The figures tie refore
are estimated from the Returns made for Hilary, Easter, and Summer Sessions

1) 2

( 28 )

lUELlND. 1878.

(58.) CouNTT CouETS.— Table 4 continued.— Lk-Tnn Sessions— Proceedings in the year 1878, under the

FokI

MPKOVBMBNTS, WHEN CLAIMED
OB DECREED SEPARATELY.

For Loss on quitting Holding or

Disturbance, and Improvements

when claimed ok decreed not

separately.

For Ulster Tenant-Rioht ob

SIMILAR Custom, or iNcoMijfo

Payments.

COUNTIES

Amount claimed.

O

O

t

•s

s

■S

1

o

1

Amount claimed.

i

■ o

.5

o

a

Amount claimed. -

3

0

l

CO

a

0
K

0

1

§

0

s

ARRA^■GED

IN
PROVINCES.

i

a

■&
•&
O

a

QQ CO

■£.s

II

1*

n

1—1

o

at

P

1

a

Jl

a

M

J

a

1

1

a

M

'6
£

a

m

s

o

a

V ^ ■

.S.2
o o
o g

5"

09

§

1

a

c»

a

13

a

T3

a
a

1

Q.
S

S Si
o g

1— 1

CD

1

CO

g

d

hH

1 ^

B

l|

03 ^

is

-g
1

.S

a

a
1— 1

"i

to

■3

o
a

a

V

m

g

s

1— <

Leinstee :
Carlow -
Dublin -
Kildare -
Kilkenny
King's County
' Longford
Louth
Meath -
Queen's County
Westmeath
Wexford
Wioklow

914
523

213

417

824

584

845

1,037

2,928

2,847

&

5

824

107

£

01
412

219
306

2,401
336

&

523
113

584
626
524
527
2,226

&

914
39

100
285

&

13

87

30

12

1,031

336

804
401
240

722

£
709

240
133

£
306

350

£

...
...

95
83

£
95

156

£
234

55

£

19
1,285

£
1,285

£

19

£

£

...
...

£

Total of Leinster

11,132

936

3,735

5,123

1,338

1,509

2,167

1,082

656

178

251

289

1,304

1,285

19

...

MUNSTER :

Clare -
Cork, B.R.
Cork, W.R. -

Kerry -
Limerick
Tipperary
Waterford

525
244
7,112
4,341
863
1,935
2,629

16

114

2,506

2,476

764

1,580

109

139

3,905

1,004

319

2,461

370

^■{
272
380
355
59

130
589

52

571

341

58

535

3,149
246

731

354

...

695

1,069
36

801
246

925

504

5
310

...

...

...

...

Total of Munster

17,649

6,965

7,828

2,137

719

1,,557

4,126

1,049

1,105

1,047

925

819

...

,.,

Ulstek :
Antrim -
Armagh -
Cavan -
Donegal -
Down -
Fermanagh
Londonderry -
Monaghan
Tyrone -

218

777
494

5,206

167

150
494

4,256

51
627

820

100

30

123

8

15

34

268

26

4,337
1,679

10,005
1,510

657
6,337
11,617

1,443
999

6,903
2.53

520
5,070
6,917

1,747
553

1,854
924

147
790

2,718

666
127

24

277

477
687

481

1,224
56

1,295

736
61

44
126

62
190

3,016

1,828

2,630

21,399

2,845

7,790

5,513

5,031

14,067

2,276
878
1,230
8,983
460
6,740
3,769
3,545
10,108

590
730
1,400
8,490
1,805
850
1,077
1,160
3,009

1.50
220

675
380
100
667
326
150

8,251

200

100

800

433
320
335
695
496
760
840
182
1,908

Total of Ulster -

6,695

5,067

1,498

100

30

474

36,152

22,105

8,733

2,258

3,056

1,219

64,119

37,989

14,111

2,668

9,351

5,969

•CoNNAUOHT :

Galway -
Leitrim -
Mayo

Roscommon -
SUgo

860

278

4,245

684

151
318

140

127

330

637

83

4,245

36

13

86

28

1,155

906

6,512

4,180

120

850

1,862

.56

1,035
470

176
392
674

...

...

—

Total of Con-
naught.

6,067

469

597

637

4,364
6,451

127

8,573

4,180

2,832

56

1,505

1,247

Total of Ireland -

41,543

13,437

13,658

7,997

3,667

51,018

28,416

13,326

3,539

5,737

3,574

65,423

39,274

14,130

2,668

9,351

,'),969

( 29 )

1878. IRELAND.

Landlord and Tenant (Ireland) Act, 1870, from Returns made by the Cleeks of tlie Peace.

Appeals from Land Sessions.

Amount decreed at Sessions.

^

g

>

.Q

s

f^

13

(U

3
O

O

h

I

'i

OJ

r3

3
u

to

■a

o3

CO

a

a
o

S1

Q

<1 s

2.3
.Si

a
<

< ■

2

o> 2

l.s

a

0
M

^

^

^

2a

Amount
added on
Appeal.

^

S

Amount

reduced

on Appeal.

^

Amount decreed at

Assizes or Consolidated

Nisi Prius.

0! 2

.=1.9

^

COUNTIES
ARRANGED

IN
PROVINCES,

£

£

£

209

209

11

11

12

12

138

138

30

30

274

*120

154

674

300

374

150

150

267
347
271
370

239

6,494

196
21

802

696
533

177
41

2,466

267

110

237

271

t354

16

«

239

735

759

16

16

21

213
33

267

109
192
249

550

5,184

137

137

1,439

196

{802

?483

500

177

41

2,199

•

17

142

1.59

31

31

178
11

193

150

158

23

23

178
11

19.3

267

236

1

25

239

20

742

1

45'

465

500
35

1,000

179

5

30

41

220

35

177

35

212

16

16

196
101

236

533

92

500

15

607

25

20

45

71
135

209

••

194

373

5

30

177

20

35

371

393

179

41

220

109
192
112

413

3,745

166

162

112

112

1,885

106
192

298

ri2

80

214

16

25

1,323

80

376

87

87

712

106
192

298

712

Leinstek :
Carlow.
Dublin.
Kildare.
Kilkenny.
King's County.
Longford.
Louth.
Meath.

Queen's County.
Westmeath.
Wexford.
WicWow.

Total of Leinster.

MUNSTER :

Clare.

Cork, E.R.

Cork, W.R.

Kerry.

Limerick.

Tipperarj'.

Waterford,

Total of Munster.

Ulster :
Antrim.
Armagh.
Cavan.
Donegal.
Down.
Permanagh.
Londonderry.
Monaghan.
Tyrone.

Total of Ulster.

CONNAUGHT :

Galway.

Leitrim.

Mayo.

Roscommon.

Sligo.

Total of Con-
naught.

Total of Ireland.

* Amount of three cases adjourned. f Includes two cases adjourned ; amount 139/. 9s. 5d.

I 337/. in case reserved for High Court of Appeal.
§ The Clerk of the Peace is unable to state how these cases were disposed of, as in five of those heard at Spring Assizes
the Judge reserved his decision. || Judge's decision reserved.

D 3

( 30 )
lEELAND. 1879 .

(58.) County Courts.— Table 4.— Land Sessions— Peoceedings in the year 1879, under the

2 ■

o
.d

£■

to

1=1
.2

'to
CO

',3

o

I

t

§3
.a

Land Sessions.

Appeals.

RBSnLT 0 F

Appeals hbakd.

COUNTIES

Land Claim Cases.

Applications of

Tenants to confirm

Leases.

Applications of

Tenants to register

Improvements.

1

s

1

1

a

i

>
g

1

1

to

QJ

R

0

0

I

1

u

1

-s

u

s

rt

3

0

a
<

•d

01

a
0
y

0
%
.0

■s

'3

3

u

0

US

■U

u
0

ARRANGED

IN
PROVINCES.

-A

i
p

to

CO

1

s

O

TJ

0)

M

.a
O

o

g

'6
o

i

d

12;

"3

C3

bo
a
•1

1

J
0

Cu .
P.

t^

0

rt

■s

1

§

p<
0

re

t

1

1
d

1

;-!

CO

1
1

• i-C

1

'a
1

CO

.2

1
t

g

bO

a
•-3

Leinster :
Carlow -
Dublin -
Kildare -
Kilkenny
King's County
Longford
Louth
Meath -
Queen's County
Westmeath
Wexford
Wicklow

2
3
4
2
2
2
2
4
4
3
4
2

3

4
6
1
6
3
2
4
4
4
11
5

2
2

4
1
1
3
1
1
5
1

1

2
1
2

1
2
5
3

1

2
1
1
1
1
1
1

2
2

1

1

...

...

1
3

1

t3

1

i

1

1
2

6

2

1
1

1
1

1

1

1

6
1

ji

"3

1
1

1
1

1
1
1
1

Total of Leinster

34

53

21

17

9

6

4

4

14

2

12

1

3

2

6

MnNSTEE :

Clare

Cork, E.R. -

Cork, W.R. -

Kerry -

Limerick

Tipperary

Waterford

2
5
5
3
o

5
3

11

12

8

17

1
5

7

1

4
4
9

1

2

5

4

1
1

2

2
3

1
7

2
3

3

1
2

"i

2

"3

3

4
3

3

2

1

1

1
1
2
3

1

2

2
1

1
1

2

1

2

§1

1
1

1
2

Total of Munster

25

61

21

13

18

9

3

3

...

7

5

1

1

10

3

7

2

2

3

Ulster :
Antrim -
Armagh -
Cavan -
Donegal -
Down
Fermanagh
LondondeiTy -
Monaghan
Tyrone -

2
3
3
3
4
2
3
2
4

21
16

5
26
17
46
27

6
39

4

2

1

6

9

10

11

4

11

2
9
3
3

1
8
1
1

15

4

12
4

35
6
1

25

1

1
5
4

2

2

32

32

...

...

2
1

"5

1
1
2

11

1

111

2

1

"4

1

3
1

2

"7

...

'2

1

1
1

1

1

1
6

Total of Ulster -

26

203

58

28

102

15

32

32

...

...

23

9

*

14

...

5

9-

CONNATIGHT :

Galway -
Leitrim -
Mayo

Roscommon -
Sligo -

6
3
6
6
2

5

8

8

14

11

1
5
3
5
6

1

4

1

4
2
I
4
4

5

. t .

/=

...

1

1

...
1

1

1

...

Total of Con-
naught.

23

46

20

6
64

15
144

5

...

...

...

...

Total of Ireland -

108

363

120

35

35

35

...

...

11

9

1

1

49

15

34

4

5

10

15

* Estimated by Clerk of Peace.

•f Granted as to some improvements, and refused as to others.

( 31 )
1879. IRELAND.

Landlord and Tenant (Ireland) Act, 1870, from Returns made by the Clerks of the Peace.

Amount Claimei>.

Amoukt deceeed, and Costs.

03

Q

CO

r^ "a

as

.2 M

t3 O

a

.g

o

o

"4
a

c3
bo

a
■■3

o

£

1,334

4,381

1,671

504

505

850

1,873

2,153

998

1,409

2,156

986

18,821

220

745

1,823

20

17

685

245

160

3,915

961
416

299
105

50
2,133

87
350
891
375

148

111
504

207

688

374

1,020

451

5,667 3,503

1,186

3,420

924

206

a

g

%

I

5,736

288
116

136

82

10

602

15

135

471

134

89
55

60
26

94

125

11

110

FOK Loss ON QUITTING HOLDING, OR

DiSTUKDANOE, WHEN CLAIMED OK

DECREED SEPARATELY.

Amount claimed.

O

c

o S

to >>

.2 r^

■3 §

o.i-

J'

CC <V

OS -tJ

a

o

a

199 31
61 *10

570

76
56
10
'508
15
10
460
24

1,419

13

389
129

373
369
226

17
485

598

215 82

2,373
1,751
1,514
3,681
113
2,159
1,739

13,330

500
254
480
710

1,189
807

3,940

116
536
858
2,720
113

857

5,200

859

747

35

251

501

2,393

898
214
141

469
75

1,797

77
247
325
688

26

247

1,610

29
101

98
275

10

180

693

48
146
227
413

16

67

917

153

3,608
5,220

732
13,328
6,523
11,352
9,963

798
21,217

72,741

1,487
983

2,126
793
9,866
1,097
43
13,366

1,730
2,036
4,845
3,416
1,412

13,439

118331

29,761

1,203

698

294

3,059

5,143

1,428

3,857

555

5,541

21,778

1,484
412

4,245
512
637

7,290

44,906

246
1,568

340
2,532

711

5,397

38,042

918

277

88

3,359

180

158

49

212

226

125

1,064

7,079

892

118

. t •

587

2,860

291

58

489

116

1,379

3,630

1,585

159

200

270

31

2,000

310

1,002

94

9,190

12,012

7,658

946

189

. 109
125
774

2,569
373

1,426
239
908

25
20

40

67
47
78
24
*54

6,712

56
260

64

380

15,466

372

372

19,9i;

100
743
127
168
259

1,397

12,654

37
318
17
82
27

481

2,690

63
425
110

86
232

916

9,964

355

60

67

2,586

153

268

355

17

17

100

160

1,070

145

105

14

209

250

221

944

91
129

135

217

1,109

459

544

1,366

45

387

92

4,002

257

115

538

173
17

1,100

29
119
331
690

45

1,214

20

105

45

13

118

21

976

4

3,504

42

723

*14

l,'l'56

169

6,582

105

288
3,063

909

4,365

123

846

32

340

821
393

57
380

1,651

14,821

575
187

73

835

7,370

102

465
425
567

247

1,806

572

a

COUNTIES
AKRANOED

IN
PEOVINCES.

490
176

138
128

932

73

82

4

105

125

110

499

333

164

98

756

14
223

16
156

174

246
150

"57
307

760

4,724

56

56

1,734

237

993

29
142

55
307

26

559

256
168

38

468

100
80

35

173

388

1,914

Leinster :
Carlow.
Dublin.
Kildare.
Kilkenny.
King's County.
Longfbrd.
Louth.
Meath.

Queen's County.
Westmeath.
Wexford.
Wioklow,

Total of Leinster

Munster :
Clare.
Cork, E.E.
Cork, W.E.
Kerry.
Limerick.
Tipper ary.
Waterford.

Total of Munst«r

Ulster :
Antrim.
Armagh.
Cavan. ,
Donegal,
Down.
Fermanagh.
Londonderry.
Monaghan.
Tyrone.

Total of Ulster.

CONNAUGHT :

Galway.

Leitrim.

Mayo.

Roscommon.

Sligo.

Total of Con-
naught.

Total of Ireland.

J Case stated for Court for Land Cases Reserved.

§ This was an application to register improvements which was granted on Appeal with costs.

II Fending at end of year.

D 4

IRELAND.

{ 32 )
1879.

(58 ) County Courts.— Table 4 continued.— Lj^d Sessions— Proceedings in the year 1879, under the

COUNTIES
ARRANGED

IN
PROVINCES.

FoK Improvements, when claimed

OR DECKBED BEPAKATBLT.

Foe Loss on quitting Holding, or

Disturbance and Improvements

when claimed or decreed not

separately.

Amount claimed.

Leinster :
Carlow -
Dublin -
Kildare -
Kilkenny
King's County
Longford
Louth -
Meath -
Queen's County
Westmeath
Wexford
Wicklow

Total of Leinster

Munster:
Clare -
Cork, E. R. ;-
Cork, W. R. -
Kerry
Limerick
Tipperary
Waterford

Total of Munster

Ulstek-
Antrini -
Armagh. -
Cavau -
Donegal -
Down
Fermanagh
Londonderry
Monaghan
Tyrone -

Total of Ulster -

Connaught :
Galway -
Leitrim -
Mayo

Roscommon
Sligo -

Total of Con-
naught.

Total of Ireland

£

1,186

3,420

1,258

375

477
995
3
894
924
210
388

10,130

1,264
326
970

2,315
68

1,772
380

s a

.a ,2
o o

O "
^^

^ t»

in c3

6M

X at

O 03

a

a

en
'■3

O g

67

477

968

3

585

£.
247

27

100
210
154

20
375

239

234

£

1,186

3,420

924

206

43

10

142

24

Amount claimed.

5
a

O

0)

to

,S.2

p

of-l

«4H tH

^

o

ra a

r^a

% t

^

o S

.^fi

a

-o >.

2 0

6^

o«

p)

C3

l-H

'"'

■5

£

148
961

506

1,924

87

1,946

245

961

299

1,924

87

681

£
148

207

1,020

2,100 738

1,556 5,736

243

365
172

1,016

87

117

527

2,030

68

386

369

159

35

113

373

7,101

1,796

3,215 I

189

1
67

1,404

358

970

2,588

2,158

418

864

695

5^965

3,994

1,971

565
50
43

383

225

48
105
270
186

247

5,572

245

966

1,261

254

790

3,952

1,375

300

471

1,041

856 2,227

10

12
169

11,010 6,516

4,121 191

909
1,643

4,245

514

7,311

35,552

909
225

4,245

110

5,489

15,895

1,418

404

112
76

188

71

90

10

213

270

59

713

1,044

3,313
1,231

125
1,912

196

598

771

412

412

O

a
o

a
<

£
288

136

497
15

329

1,265

195

195

For Ulster Tenant-Right or

SIMILAR CdSTOM, OR INCOMING

Payments.

Amount claimed.

24

509

0) CD
O O

.Sfl
■° >.

OS ^
03 S

500

o

■-g

o g

a

24

533

500

33

1,382
394

235

57

43

7,374

2,111

1,013
448
125
934

555

3,075

T89

364

379
138

1,671 517

663

1,822

749

9,896

2,796

6,965 '2,543

600

3,359

518

512
454

4,477 966

340

2.475

260

64

2,815 324

19,650

4,366

10,613

3,782

372

20

125

22

34

270

557

127
133

190

3,989

300

11,416

3,948

5,260

8,376

200

14,096

589

1,891

90

4,645

1,097

8,463

47,775

16,775

190
250

2,125

3.708

685

2,595

3,323

2,970
200
700

30

1,054

200

2,000

180

100

6,700

150

3,630

310

12,776

7,154

120
138

780

2,810

20

1,U7

905

11,070 5,920

372

260

889 2,277

48,308 17,275 12,809 7,154

11,070

5,9aoE

( 33 )
1879. IRELAND.

Landlord and Tenant (Ireland) Act, 1870, from Returns made by the Clerks of the Peace.

Appeals thom Land Sessions.

Amount decreed at Sessions.

a

^

p:

^

^

o

O

CD

(U

■a

r^

£

13

Ti

=3

fe

<u

o

O

'P

,S

'd

■a

«

.a

<1>

o >

O

■Ji

1

a,

<!

1

a

O

p

ja.S

11

a

M

p

^

si

Amount
added on
Appeal.

Amount

reduced on

Appeal.

Amount decreed at Assizes
or by Judges of Consoli-
dated Jury Trial Court.

^

^

o

<l>

rO

.Q

•xi

Kl

o

<D

<U

f~*

u

0)

rd

n:3

■+J

d

s

^v,

S-ri

< 3

^ s

i" 2J

p a

II

11

^

^

S3 S
te:

COUNTIES
AREANGED

IN
PROVINCES.

148

15

10
309

10

482 10

47

24
187

191

&
148

15

309

472

120

15

142

148

47

62

25

10

92

62

120 157 195

62

156

449 156

47

24
31

191

293

24
31

55

47

191

238

61

680
78

500

1,455

159

298

2,774 457

32

61

521

78

500
1,157

2,317

32

32

496

78

500
67

1,141

32 32

3,737

623

3,114

32

175

61

25

1,090

25

25
49

74

1,176

102 62

29

34

63

1,536

1,371

62 99

32

32

60
2

200

145

145

49
80

129

269

32 434

50

55

148

47

195

18

157

175

436

76

300
60

61

1,090

872

1,176

62

274

1,102

1,371

Leinstek :
Carlow.
Dublin.
Kildare.
Kilkenny.
King's County.
Longford.
Louth.
Meath.

Queen's County.
Westmeath.
Wexford.
Wicklow.

Total of Leinster.

Mcnstek:
Clare.
Cork, E. K
Cork, W. R.
Kerry.
Limerick.
Tipperary.
AVaterford.

Total of Munster.

UlstEK :
Antrim.
Armagh.
Cavan.
Donegal.
Down.
Fermanagh.
Londonderi'y.
Monaghau.
Tyrone.

Total of Ulster.

CONNAUGIIT :

Galway.

Leitrim.

Mayo.

Roscommon.

Sligo.

Total of Con-
naught.

Total of Ireland.

(181.)

E

'"m

( 34 )
lEELAND. 1880.

(58.) County Courts.— Table 2.— Land Sessions— Prockedings in the year 1880, under the

09

§

CO

dj

-§
',3

03
CA
V

s

1

Land Sessions.

Appeals.

Result op Ap-
peals HEARD.

COUNTIES

Land Claim Cases.

Applications of

Tenants to confirm

Leases,

Applications of

Tenants to register

Improvements.

1
a

a

1
p<

o

1

CJ

3

33

i
s

t>
o

1

<D

CQ

o

en
a>

o

CO

_a

o
%
.a

-a

a;

o
t3

a

a

<

■TJ

O

3

■a

o

13

.Q

-a
OJ

<u

-a

g

0

S
<

■a
a

8

(ft

1

s

O

(4

g

ARRANGED

IN
PROVINCES.

« IS

S 01

s a^.a

'-'2 a

s.aM

o

o

CO

GJ

1
3

o

-a
u

W

o
ft.

'-3

-a
O

a

a
F4

o

nd
a
ci

■13

£
<l>

a
m

d

Ql
M

o

1

id

O

■a
g

13
a

'i

d

i

1=1

ct

1

d

■e

I

1
o
"p.

ni

1
m

1

"S

i

O

i3
a

bo

a
a

Qi

P.

Leinstek :
Carlow -
Dublin -
Kildare -
Kilkenny
King's County
Longford
Louth
Meath -
Queen's County
"Westmeath
Wexford
Wicklow

2
3
4
8
2
2
2
3
3
2
6
2

3

4
3
1
6
3
1
2
3
2
9
2

2
1

1

1
1
1

1

4

1

1

1

3
2

2
1
2
1

1

2
1

2

2

1
1
2

1

1

... ...

1 ■"

::: i ;:;

... 1 1

...

1

1

.'■■

1
1

1

1

2

*i

1

1
)

2

1

...
...
...

1
1

I

Total of Leinster

39

39

13

13

6

7

1

...

1

1

1

6

2

4

....

1

3

Munstbk;
Clare -
Cork, E. R. -
Cork, W. R. -
Kerry
Limerick
ripperary
Waterford

2
5
5
3
2
4
3

7
17
5
9
3
5
6

3
5
5
.5
1
1
3

1
6

3
2
2

2
5

1

2
3

1
1

1

1

...

3

1

1

1

...

2

1
1
1
6

1
2

ill
3

ill

1

1
1

3

1

2

1
1

1
1

Total of Munster

24

52

23

14

13

2

1

1

...1...

4

2

0

12

6

6

2

2

2

Ulster:
Antrim -
Armagh -
Cavan -
Donegal -
Down
Fermanagh
Londonderry -
Monaghan
Tyrone -

2
3
3
3

4
2
3
2

4

5
12
15
23

9
22
23

7
18

4
6
9
9
4
5
5
4
3

2
1

2

1
5

5
3

8

3

13

12

3

14

1
1
1

5

3

1

1

...

...

...

• ••

2
2

4
2
8
2

4
6

1

1

1
2

1

2

2
1
3

2

7

3

4

1

1

1

2
3

1
1

2
3

3

4

Total of Ulster -

26

134

49

11

61

13

30

8

22

2

1

5

14

CoNNATJGHT :

Galway -
Leitrim -
Mayo

Roscommon -
Sligo

12
3
6

10

92
3

12
6

1

8

1

1

186
2
3

1

6

4

1

1

1

t'i

...

...

1

h

,,.

...

...

Total of Con-
naught.

31

118

10
95

1
39

92
172

10
32

1

1

...

2

7

S

2
4

48

16

32

2

...

...

Total of Ireland

120

338

3

2

1

4

7

19

Pending at end of year. t Approximated by Clerk of Peace.

t The Clerk of, the Peace states that the alleged value of the improvements sought to be registered amounted to the sum of
18,439/. 13«. lid.

( 35 )
1880. IRELAND.

Landlord and Tenant (Ireland) Act, 1870, from Eeturns made by the Clerks of the Peace.

Amouxt Claimed.

Amount decreed, a.nu
Costs.

For Loss on quitting Holding, oc

DiSTUllBAKOE, wmcN CLAIMED OR

Decreed separately.

13

£

CO

o

a

a

a

ci
m

1

O

11

IS

■■3g

Pi o

a

^ 1

a

i

CD

p

.9
S

5

0
1— 1

T3
Ol

1

CO

*^

to

i

>%
o

0

%

a
-3

a

p<

w.

6

a

o

.&

o

a
<

1

1

!

>t-9

a
o

%

a
a

S

o

g

0

SB
■a

■%

s

0

%

ho
na

=1

¥

CO

0

0

§

a
<1

t

a
■S.

R
0

f
t

to

0
0

e+H
0

a
=1
0

a
<

Amount Claimed.

i

0
M

CD

rd
CL)

i

0

1

COUNTIES

-a

§

CO

2J .
II

IS

t %
CO F-l

Oh (U

|«

OJ "^

i a

a
1-1

p

1

.g

d
1— (

-A

to

1

CD

d
0

A

■Jfl

bo

a

1

3

0 g
1*.

d

AERANGBD

IN
PROVINCES.

&

1,359

3,809

2,835

585

919

250

587

§1,827

514

468

4,226

241

1,336

1,827

- 247

1,401

£
1,137

285
924

493
57

587

89

1,235

161

&

222
104

221
193

267

379

1,412

80

s.

3,420
575
585
205

178

&

343
129
166

158

23

148

26

567

18

£

186
35

104
11
60

9

112

9

£
157

94
166

54

12
88

"17

455

9

£
27
10
27

6

6

10

'4

52

5

8
19

17

7

"4

£
303

448
98
132
181
61
151
212
153

£

181
200

£
250

118

18

132

11
12
73

£
63

173
80

6.1

140

80

£
157

94

88
17
88

"8
13

Leinstek :
Carlow.
Dublin.
Kildare.
Kilkenny.
King's County.
Longford.
Louth.
Meath.

Queen's County.
Westmeath .
Wexford.
Wioklow.

17,620 4,811

4,968

2,878

4,963

1,578

526

1,052

147

63

1,739

381

614

587

157

308

Total of Leinster.

1,348
3,852

923
1,733

730
2,270
1,420

194
471

95

1,048
530

550
1,243

922

1,061

99

236

890

65
1,530

577
631
986

539

608

229
563
434
286
15
139
333

85
328
113
153

51
229

144
235
321
133
15
88
104

35
33

32

5

27

11
t5

546
184
467
303
305

344

53

184

84

243

467

296

79

260

7
226

250

199

232

127

15

301

Munster:
Clare.

Cork, E. R.
Cork, W. R.
Kerry.
Limerick.
Tipperary.
Waterford.

12,275

2,338

5,001

3,789

1,147

1,999

959 1,040

i

132

16

2,149

321

1,34'5

233

250

874

Total of Munster.

1,472
2,194
4,017
14,225
2,996
6,955
19,686
1,409
7,545

814
332
2,658
2,027
3,917
12,672
598
5,858

1,29.'5

1,155

2,964

3,201

561

1,673

1,204

811

987

200
150
408
117
4,810

177

225

521

8,216

1,248
1,000

700

344
358
1,272
1,071
144
290
327
189
173

136

110
51

203
64

108
69
17
32

208
248
1,221
868
80
182
258
172
141

23

34

73

69

4

t28
28

123
20

10
7
9
4

33

205

53

526

1,542

1,313

35

91

959

1,048

• 35

205

53

212
297
134

223
32

254
131

8

42
121
105

29

35

Ulster :
Antrim.
Armagh.
Cavau.
Donegal.
Down.
Fermanagh.
Londonderry.
Monaghan.
Tyrone.

60,499

28,876

13,851

5,685

12,087

4,168

790

3,378

302

63

3,674

2,133

901

255

385

340

Total of Ulster.

12,113

272

1,838

937

11,203

157
524
210

115

1,002

465

910
312

262

66
260
133

22

94

132

"44

166

1

"7
51

30

114

118

"44

"70

...

118

66

CONNAUGIIT :

Galway.

Leiti-im.

Mayo.

Rosccmmou.

Sligo.

15,160

12,094

1,582

1,222

262

459

248

211

58

30

232

44

70

118

66

Total of Con-
naught. \

105554

48,119

25,402

13,574

18,459

8,204

2,523

5,681

639

172

7,794

2,879

2,930

1,075

910

1,588

Total of Ireland.

(181.)

§ The Clerk of the Peace reports that these cases were settled.
The Clerk of the Peace reports that this case was withdrawn or settled.
1: Eighty-two cases settled in Court during progress of trial.

( 36 )

lEELAND. 1880.

(58.) County CoimTS.— Table 2 continued.— Land Sessions— Proceedings in the year 1880, under the

COUNTIES
AEEANGED

IN
PROVINCES.

Leinstek :
Carlow -
Dublin -
Kildare -
Kilkenny-
King's County
Longford
Louth
Meath -
Queen's County
Westmeath
Wexford
Wicklow

Total of Leinster

Munster:
Clare

Cork, E. E.
Cork, W. E.
Kerry
Limerick
Tipperary
Waterford

Total of Munster

Ulster :
Antrim -
Armagh -
Cavan -
Donegal -
Down
Fermanagh
Londonderry -
Monaghan
Tyrone -

Total of Ulster.

CoNNADaHT :
GalTvay -
Lietrlm -
Mayo

Eoscommon
Sligo -

Total of Con-
naught.

EoK Improvements, when claimed

OR DECREED SEPABATELT.

Amount claimed.

-N

h a

QJ

r^ -^

Q

■SP

<4h Vh

,^

O O

o

■^ 4)

a

CM OJ

a

•^1^

O) *"

i! .-.

-1

oJ THJ

0|

a

l=!

1— I

i— 1

o

.li

1,359

3,506

2,835

585

471

152

50

1,646

206

317

2,620

1,336

1,646

1,201

13,835

4,183

802

1,407

374

660

425

1,700

1,076

6,444

141

152

95

950

446

1,784

£

1,137

35

924

375
40
50

78

2,727

307
647
374
565
20

630

2,543

it

222

51

48
112

206

239

1,241

For Loss on quitting Holding, ok

Disturbance and Improvements,

when claimed ok decreed not

separately.

■c

3,420

575

585

48

178

2,119

4,806

65

405
750

1,220

680

545

2,308

1,063

4,761

3,963

372

372

100
936
429

35
35

289
608

Amount claimed.

=S o

o c3

to rC

O .a

£
343

35
166

70

B

38

18
18

305

247

1,394

247

694 1,946

30

339 2,261

170 81

159 50

32

897

730

570

c3 fcj

o

ns

a

■u

C3

r

13

bo

!S

0

•|

2

p<

13

o

a

a

1— (

1— 1

o

Foe Ulster Tenant-Eight ok

srsiiLAE Custom, or Incoming

Payments.

Amount claimed.

305

1,222

17i

247 1,527

135

98

596
81

236

172

1,530

50

236

2,962

274
369

23
60

577

1,015

1,978

2,822

79

188

532

2,189

233

913

1,816

22

554

576

224
32

139

395

574
232
558

188

96

1,972

490

330

1,,500

1,198

79

436
217

87
111
246
1,066

86
292
672
264

25

O

100

100

720

li
in

o o

n3 0)
a 9

g 3

■-^ 1^

CO o

a

100

100

200

720

...

690

1,179

240

2,039

100

11,360

2,100

1,711

1,390

3,105

1,895

13,424

7,474

505

130

5,321

3,851

200

600
825
1,464
1,9.50
171
440
640
375
770

O

•d

a

>

(U

3

03

>4

SO

a

•^

-g

Pi

V

m

-a

O)

r-) OS

a

a

520

520

200

150

150

50

4,810

90
114

275
7,150

720
500

700

250

66

600

765

125
298
164
138

8,121

910
1.58

465

5,943

1,465

455
113

1,533

Total of Ireland. 29,933

568

12,478

45
465

70

643

83

455

510

•,245

455

133

9,380

3,620 4,250

11,203

1,838
354

133

3,864

6,346

1,640

13,395

10,748

524
210

1,002

11,482

27,683

15,582

1,002

7,692

455
312

1,510

144

1,339

260

39,324

17,180,7,235

6,360

9,549

767 144

2,755

1,654

260

2,570

40,144

17,180

7,535

2,406

5,880

9,549 2,406

( 37 )
1880. lEELAND.

Landlord and Tenant (Ireland) Act, 1870, froni Eeturns made by the Clerks of the Peace.

^ Appeals fkom Land Sessions.

Amount decreed at Sessions.

Amount
added on
Appeal.

Amount

reduced on

Appeal.

Amount decreed at Assizes
or hy Judges of Consoli-
dated Jury Trial Court.

COUNTIES

In Appeals entered.

1

OS

1

<

t— t

1
1

'd

0

■'qj

-l

1

l.g

0

a
0

0

^ a

'6
2

a»

>■

1
.2

a
"r
s

OJ

1
1

.S.g

an

1

8
0

1
1

0

1

ll
Jl

.0

•1-3

§
1'

a

s

s

u

0)

R .

'S
oj a
t' a

ARRANGED

IN
PROVINCES.

129
"l8

129

18

£

18

.e

129

£

£
32

£

&

£

50

£

£
i'29

Leinstek :
Carlow.
Duhlin.
Kildare.
Kilkenny.
King's County.
Longford.
Louth.
Meath.

Queen's County.
Westmeath.
Wexford.
Wicklow.

147

...

147

18

129

32

...

50

129

Total of Leiuster.

47
66

97
"64

13

47
. 66

"97
51

...

29

47

51

66
68,

^;;;!

19

29

51

...

48

18

66
68

MUNSTEK :

Clare.

Cork, E. E.

Cork, W. R.

Kerry.

Limerick.

Tipperary.

Waterford.

274

13

261

29

98

134

19

80

48

18

134

Total of Munster.

68

920

83

2,414

125

8

61

500

12
12.5

34

68

420

83

2,402

'"s

"27

147

68

273

1,485

83

917

8
27

...

103

147

150
172

171

123
1,313

83
917

8

27

Ulster :

Antrim.

Armagh

Cavan.
• Donegal.

Down.
■ [Fermanagh

Londonderry.

Monaghan.

Tyrone.

3,679

671

3,008

147

68

1,768

1,035

103

147

322

171

1,436

1,035

Total of Ulster.

...

...

...

...

...

...

...

...

.1.

...

...

Connaught :
Galway.
Leitrim.
Mayo.

Roscommon,
Sljgo.

...

...

...

TotalofConuaught

4,100

684

3,416 147 115 1,856

1,298

154

147

402

...

269

1,454

1,298

Total of Ireland.

OO

?^

ITS

Ob

B'

-t

CD

Ol

P-

to

o

J*

C

=H

P
><

o
14

to Qj

tt

U> CO

^0

H

c^S,

H

S- &

"< a

d

00 0

fed

'-' d

0 "3

^

t-l

o
w
o

0
O

S
^

s

b

( 35 )
1880.

lEELAND.

Landlord and Tenant (Ireland) Act, 1870, from Returns made by the Clerks of tlie Peace.

Amoukt Claimed.

O

g s
■-3 S

o.

o

u

o

Amoint decreed, and
Costs.

O

<5

Sri

.y

2

03

n3

0

Ph

O

1

1?

H

rd

l-q

■S

bo

3

Vh

CD

"S

to

a

O

o

T=l

o

02

>i^

O

a

CM

o

ri

o

[4

a

!=l

<H

3

o

o

a

a>

H

<

iz;

<J

o

FOK Loss ox QUITTING HOLDING, OK
DiSTUKBAKCE, WHEN CLAIMED Oli

Ueckeed sepakately.

Amount Claimed.

O

1=1

a:>

m

W m

QJ

^1

U

O

<4h S->

.q

Tii

a

(U cu

&:

O O

Oh OJ

d

a

■ SP

.23

-^ r>.

CO

-a

CO i^

ei i

51

c3

O J

o

PI

0

0

H-4

1— 1

^

o

I

COUNTIES
AEKANGED

IN
PROVINCES.

£

1,359

3,809

2,835

585

919

350

587

§1,827

514

468

'4,226

241

17,620

1,336

1,827
247

1,401

£
1,137

28a»
924

493

57
587

89

1,235

161

£

222
104

221
193

267

379

1,412

80

4,811

4,968

1,348
3,852

922
1,733

730
2,270
1,420

12,275

194
471

95

1,048
530

2,338

1,472

2,194

4,017

14,225

2,996

6,955

19,686

1,409

7,545

60,499

814
332
2,658
2,027
3,917
12,672
598
5,858

550
1,243

922

1,061

99

236

890

2,878

i,420
575
585
205

178

4,963

£

343
129
166

158

23

148

26

567

18

1,578

65
1,530

577
631
986

539

608

229
563
434
286
15
139
333

5,001

1,295

1,155

2,964

3,201

561

1,673

1,204

811

987

28,876

12,113
272

1,838
937

11,203
157
524
210

13,851 5,685

3,789

1,147

200
150
408
117
4,810

115

1,002

465

15,160

105554

12,094

1,582

48,119

25,402

910
312

1,222

177

225

521

3,216

1,248
1,000

700

12,087

1,999

344
358
1,273
1,071
144
290
327
189
173

£

£

186

157

35

94

166

104

54

11

12

60

88

9

17

112

455

9

9

526

1,052

85

144

328

235

113

321

153

133

15

51

88

229

104

£

£

27

10

t8

27

6

8

6

19

10

17

4

7

52

5

4

147

63

35

33

32

11

5

t5

27

£

£

303

448

...

98

132

181

181

61

151

212

200

153

1,739

381

£
250

lis

18
132

11
12
73

614

546
184
467
303
305

344

53

184

84

959| 1,040 132

136

110
51

203
64

108
69
17
32

4,168

790

208
248
1,221
868
80
182
258
172
141

23
34
73
69
4

t28
28

t23
20

16

2,149

205

53

526

1,542

1,313

35

3,378

302

262

262

13,574 18,459

66
260
133

459

8,204

22

94

132

44

166

1

63

3,674

321

243

467

296

79

260

£
53

173
80

61

140

80

157

587

7
226

1,345

91

959

1,048

35

205

53

212
297
134

233

223
32

157

£
94

17

8
13

308

250

199

232

127

15

301

250

874

254
131

2,133

30

248

2,523

211

5,681

58

639

30

114
118

44

901

255

385

42
121
105

29

35

340

70

232

172 7,794

44

2,879

70

2,930

118

1,075

118

910

66

66

1,588

Leinstek :
Carlow.
Dublin.
Kildare.
Kilkenny.
King's County.
Longford.
Louth.
Meath.

Queen's County.
Westmeath.
Wexford.
Wicklow.

Total of Leinster.

Munstek:
Clare.

Cork, B. E.
Cork, W. K.
Kerry.
Limerick.
Tipperary.
Waterford.

Total of Muuster.

Ulstee :
Antrim.
Armagh.
Cavan.
Donegal.
Down.
Permanagh.
Londonderry.
Monaghan.
Tyrone.

Total of Ulster.

CONNAUOHT :

Galway.

Leitrim.

Mayo.

Eosccmmon.

Sligo.

Total of Con-
naught, i

Total of Ireland.

(181.)

§ The Clerk of the Peace reports that these cases were settled.
The Clerk of the Peace reports that this case was withdrawn or settled.
Tf Eighty-two cases settled in Court during progress of trial.

( 36 )

lEELAND. 1880.

(58.) County Couets.— Table 2 continued.— Land Sessions— Peocbedings in the year 1880, under the

COUNTIES
ARRANGED

m

rROVINCES.

EoR Impkovembnts, when claimed

OK DECREED SEPAKATELT.

Amoun.t claimed.

to

fe

S2

a

O

p

<^

o

n:}

ft ttJ 1

0

f^

OJ

.Q

o

§

^

0

1— I

CO O)

d

Leinstee :
Carlow -
Dublin -
Kildare -
Kilkenny
King's County-
Longford
Xiouth
Meath -
Queen's Coiinty
Westmeath
Wexford
Wieklow

Total of Leinster

Munstek:
Clare -
Cork, E. R.
Cork, W. R.
Kerry
Limerick
Tipperary
Watertord

Total of Monster

Ulster :
Antrim -
Armagli -
Cavan -
Donegal -
Down
Fermanagh
Londonderry
Monaghan
Tyrone -

Total of Ulster.

CoiraAUGKT :
Galway -
Lietrim -
Mayo

Roscommon -
Sligo

Total of Con-
naught.

Total of Ireland.

£

1,3!59

3,506

2,835

685

471

152

50

1,646

206

317

2,620

13,835

1,336

1,646

1,201

4,183

2,727

802

1,407

374

660

425

1,700

1,076

141
153

95

950
446

6,444 1,784

680
2,308
4,761

372

■&

1,137

35

924

375
40
50

78

EOR Loss ON QUITTING HOLDING, OK

DlSTDRBANCE AND IMPROVEMENTS,

WHEN CLAIMED OK DECREED NOT

SEPAKATELY.

Amount claimed.

O

£

222

51

48
112

206

239

1,241

OS

u

s

IS

«

=n j;

^

o o

'^ S

XI

>■

^P

s

-y p..

m

A ^

< )

C rC3

9

d

13

3,420

585
48

178

2,119

4,806

307
647
374
565
20

630

2,543

65

405
750

1,220

289
608

£
343

35
166

70
6

18
18

694

30
339
170
159

897

730

545
1,063
3,963

372

100
936
429

35
35

274
369

305

247
1,394

247

1,946

2,261
81
50

570

247

135

98

O
a

o

o

]?OK Ulster Tenant-Right oe

similak cu.3t0m, ok incoming

Patments.

Amount claimed.

a
g

a

305

1,222

172

1,527

596

81

236

172

1,530

50

236

2,962

23
60

577

1,015

1,978

2,822

79

188

532

2,189

233

574
232
558

188

96

1,972

913 1,816

22

554

576

03

o

■a

100

100

li

IS

o o

224
32

139

395

490

330

1,500

1,198

79

436
217

87
111
246
1,066

8,121

910
158

465

5,943

455
113

1,533

29,933

568

12,478

1,465

45
465

70

643

83

455

510

7,245

455

133

9,380

3,620 4,250

11,203

1,833
3,54

133

3,864 6,346 1,640

13,395

10,748

524
210

1,002

11,482

27,683 15,582

1,002

7,692

455
312

1,510

144

86
292
672
264

25

720

720

690
1,179
2,039
11,360
1,711
3,105
13,424

505
5,321

1,339

to OJ

"J

100

100

200

39,324

240
100
2,100
1,390
1,895
7,474
130
3,851

200

600
825
1,464
1,9,50
171
440
640
375
770

O

■d

13

>

d

OS

s

bn

a

1

•2

Pi

O

rn

T3

a)

^

t

>.

fl

ti

<

520

520

17,180

7,235

200

150

150

50

4,810

90

114

275

7,150

720
500

700

5,360

9,549

260

767 144

2,755 1,654

260

3,570140,144

17,180

250

66

600

765

125
298
164
138

2,406

7,.535

5,880

9,549

( 3V )
1880. lEELAND.

,ndlord and Tenant (Ireland) Act, 1870, from Returns made by the Clerks of the Peace.

Appeals from Land Sessions.

Amount decreed at Sessions.-

Amount
added on
Appeal.

Amount

reduced on

Appeal.

Amount decreed at Assizes
or by Judges of Consoli-
dated Jury Trial Court.

COUNTIES

Pi
<

1

"3
0

a

m

1

a.
<

□Q

1

a
1— 1

1

s

to

%
s

0

s

11

l.g

1

1=1 ■
ft) :i

.si

1

CO

2

P .

^ R

1

1

Cfi

■|
P
2

0

2

i

a> 2
1.1

1
t

in

cu
<u

0

a>

P

1
.a

lU

3
0

2

i

0 s

1

<U

-s

1

.a.s

,0

S

13

a

|3

||

<U s

s

0
0

CD

P .
2I

0) H

AEEANGED
IN

PEOVINCES.

129
18

e,

129
18

&

18

£

129

£

£
32

,s

£

£
50

£

129

V
Leinstek. ;

Carlow.

Dublin.

Kildare.

Kilkenny.

King's County.

Longford.

Louth.

Meath.

Queen's County.

Westmeath.

Wexford.

Wicklow.

147

147

18

129

32

...

50

129

Total of Leiuster

47
66

"97
64

13

47
66

97
"51

...

29

47
51

66
68

19

29
51

...

48

18

66
68

MUNSTEK :
Clare.
Cork, E. E.
Cork, W. K.
Kerry.
Tiimerick.
Tipperary.
Waterford.

274

13

261

...

29

98

134

19

80

48

18

134

Total of Munster,

68

920
83

i,414

125

8

61

500

12

125

34

68

420

83

2,402

"8

27

147

68

273
1,485

83
917

8

"27

103

147

150
172

••■

171

123
1,313

83
917

8

27

Ulstee :

Antrim.

Armagh

Cavan.

Donegal.

Down.
1 [Fermanagh

Londonderrj'.

Monaghan.

Tyrone.

,679

671

3,008

147

68

1,758

1,035

103

147

322

171

1,436

1,035

Total of Ulster.

...

...

...

...

...

...

.

...

...

...

...

• ••

...

...

CoNNAUGHT :

Galway.

Leitrim.

Mayo.

Eoscommon.

Sligo.

...

...

...

TotalofConnaught.

,100

684

3,416

147

115 1,856

1,298

154

147

402

269

1,454

1,298

Total of Ireland.

■00

CT

CIS

si

0=^ K S^ fZ2

1^ 'T3

CD

n

00
O

CO M'

tJQ

a

QO O
00 2

CD

00
CO

CD

CD

Cfi

Cfi_

S'

w

s 1>

s

H

w
t-l

a;

CO

CO

^ 5

^

03 O

o
w

a

pi

REPORT

OF

HER MAJESTY'S COMMISSIONERS OF INODIRT

INTO

THE WORKING OP THE

LANDLORD AP TENANT (IRELAND) ACT, 1870,

AND THE

ACTS AMENDING THE SAME.

'^^ttBtnUti ia hoi^ ^amtB ai ^arliamenf bg (|[;0inmantr 0f "^tt H^tstg.

DUBLIN:

PRINTED BY ALEX. THOM & CO., 87, 88, & 89, ABBEY-STEEET,

THE QUEEN'S FEINTING OFFICE.
FOR HER majesty's STATIONERY OFFICE.

1881.

EEPOET

ov

HER MAJESTY'S COMMISSIONERS OF INQUIRY

INTO

THE WORKING OF

THE LANDLOED MD TENMT (IRELAOT)) ACT, 1870,

AND THE

ACTS AMENDING THE SAME.

IPnsmtth to bat^ Jiotises of iparliammt % Commanir of '§tx W^vqmt^,

DUBLIN:
PRINTED BY ALEX. THOM & CO., 87, 88, & 89, ABBEY-STREET,

THE queen's printing OFFICE.
FOB HEE MAJESTY'S STATIONERY OFFICE.

1881.

[C— 2779] Price 9d.

CONTENTS.

p«g«

COMMISSION, iii

REPORT, ............ 1

Papers referred to in Report : —

No. 1. — Circular Letter, . . . . . . . . . .65

No. 2. — Heads of Inquiry, . . . . . . . . .65

No. 3. — Circular Letter, . . . . . . . . . .67

No. 4. — Circular Letter, ...... .... 67

THE COMMISSION.

VICTORIA REG.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and
Ireland, Queen, Defender of the Faith, to Our nght Trusty and Well-beloved Cousin,
Fredekick George BRiBAZON, Earl of Bessborough ; Our right Trusty and Well-
beloved Councillor, Richard Dowse, one of the Barons of the Exchequer Division of
Our High Court of Justice in that part of Our said United Kingdom of Great Britain
and Ireland called Ireland ; Our Trusty and Well-beloved Charles Owen O'Conor,
Esquire (commonly called The O'Conor Don) ; Our Trusty and Well-beloved Arthur
MacMorrouqh Kavanagh, Esquire; and Our Trusty and Well-beloved William Shaw,
Esquire, Greeting :

Whereas We have deemed it expedient that a Commission should forthwith issue to
inquire into and report upon the working and operation of the " Landlord and Tenant
(Ireland) Act, 1870," and the Acts amending the same, and whether any and what
further amendments of the law are necessary or expedient with a view (firstly) to
improve the relation of Landlord and Tenant in that part of Our said United Kingdom
called Ireland, and (secondly) to facilitate the purchase by Tenants of their holdings.

Now Know \e, that We, reposing great trust and confidence in your knowledge,
discretion, and ability, have authorized and appointed, and by these presents do authorize
and appoint you the said Frederick George Brabazon, Earl of Bessborough, Richard
Dowse, Charles Owen O'Conor, Arthur MacMorrough Kavanagh, and W^illiam Shaw
to be Our Commissioners for the purposes aforesaid.

And for the better effecting the purposes of this Our Commission, We do by these
presents authorize and empower you, or any two or more of you, to call before you, or
any two or more of you, such persons as you may judge necessary to examine, and by
whom you may be the better informed in the several matters hereby submitted for
your consideration and everything connected therewith, and generally to inquire of and
concerning the premises by all other lawful ways and means whatsoever.

And also to call for, have access to, and examine such books, documents, papers,
writings, or records as you or any two or more of you shall judge likely to afford the
fullest information concerning the several matters hereby submitted for your considera-
tion.

And We also by these presents authorize and empower you, or any two or more of
you, to visit and personally inspect such places as you, or any two or more of you may
deem expedient for the more effectually carrying out the purposes aforesaid. And also
to employ such persons as you may think fit to assist you in undertaking any inquiry
which you may deem it expedient to make.

And Our Further Will and Pleasure is that you, or any two or more of you, do report
to us with all convenient speed, in writing under your hands and seals, your several
proceedings by virtue of this, Our Commission, and what you shall find touching or
concerning the premises, together with your opinion upon the matters hereby referred
for your consideration.

And We Further Will and Command and by these presents ordain that this, Our
Commission, shall continue in full force and virtue. And that you. Our Commissioners,
do from time to time proceed in the execution thereof, although the same be not con-
tinued from time to time by adjournment.

And for your further assistance in the execution of these presents. We do hereby
appoint Our Trusty and Well-beloved Sir George Young, Baronet, to be Secretary to
this. Our Commission, and require you to nse his services and assistance from time to
time as occasion may require.

Given at Our Court at Saint James's, the Twenty-ninth day of July,
1880, in the Forty -fourth Year of Our Reign.

By Her Majesty's Command,

(Signed), W. V. HARCOURT.

The Landlord and Tenant (Ireland) Acts Inquiry Commission

HEADS OF REPORT.

I. Proceedings of tlie Commission, ....

II. Tenant-right in Ireland, .....

III. Conclusions from the Evidence, ....

IV. Whether it is sufficient to preserve the lines and amend the details
Y. Proposals for Legislation, .....

VI. Purchase of their Holdings by Tenants,

711. The Condition of the Poor, ...

VIII. Conclusion, . . .

Supplementary Report by The O'Conoe Don,

Supplementary Report by W. Shaw, Esq., m.p., ...

Separate Report by Arthur McM. Kavanagh, Esq.,

Page

1

2

7

of the Land Act of 1870,

18

19

31

36

37

38

' 52

55

p ;>;■■' ■ Tj'*'} ■;

?r

TO THE QUEEN'S MOST EXCELLENT MAJESTY.

N:B. — References in
~ italics a,r& to evidence

difegreeing with, or
qi^alifying the con-

Mat it please Your Majesty, elusions expressed.

1. Your Majesty's Commission, bearing date the 29th of July, 1880, having directed The Commiasion, ,
us to inquire into the working and operation of the Landlord and Tenant (Ireland)

Act, 1870, and the Acts amending the same, and whether any and what further amend-
ments of the law are necessary or expedient with a view (firstly) to improve the
relation of Landlord and, Tenant in.Ireland, and (secondly) to facilitate the purchase
by tenants of their holdings, we have to the best of our ability conducted the inquiry
committed to us, and having conferred together, we have now the honour to present our
Report.

1. Proceedings of the Commission.

2. AVe met in Dublin on the 7th of August, and appointed the 1st of September Circulars issued
to begin the examination of witnesses. In the meantime steps were taken to make by the Com-
known as widely as possible the existence and scope of the Commission, and evidence mission.

was tendered to us by a large number of persons. For the purpose of selecting the
persons best qualified to assist us in our inquiry, the circular (No. 1), which is printed
in the Appendix to our Report was sent to all persons tendering evidence, and in
reply thereto we received many valuable communications. We also issued a series
of questions, suggestive of the principal points on which we desired information, which,
was very widely distributed, and will be found reprinted in our Appendix (No. 2).
These questions were accompanied by a circular (No. 3) in which the object of our
seeking for answers to such questions was explained to be, not in order to their publica-
tion, but chiefly as a guide to ourselves in the selection of witnesses.

3. It has been impossible, in the short time at our command, to exhaust all the The evidence
evidence tendered on the various subjects of inquiry, and even to take from every taken by the Corn-
locality a specimen of the evidence- that was offered ; but it has been our endeavour ™^^^^°'^-

to aflford, in the printed evidence which forms the appendix to our Report, a fair
sample of the facts and opinions which constitute the material of the Landlord and
Tenant Question ; and we desire to place on record our conviction that the joicture so
presented, when taken in its entirety, is a fairly accurate and impartial representation
of the condition of the relations between Landlord and Tenant in Ireland, and of
the working of the law which regulates those relations at the present day. We
commenced taking evidence with the examination in Dublin of some of the judicial
and official authorities concerned in the administration of the Land Act of 1870 ; and
after hearing several other witnesses, chiefly from the counties near Dublin, of the
landlord and tenant classes, we proceeded on the 21st September to Belfast, and for the
remainder of that month were employed at that place and at Londonderry in hearing
evidence asio the working of the Act of 1870, chiefly in so far as it affected estates and
holdings subject to the Ulster custom of tenant-right. In the course of October and
November we visited in succession Sligo, Donegal, Castlebar, Roscommon, Galway,
Limerick, Killarney, Cork, Skibbereen, and Clonmel, taking evidence from the districts
surrounding those places, and thus obtaining representative testimony from the greater
part of Connaught and Munster ; and in December we held a second series of sittings
in Dublin, at which evidence was taken from many of the districts unavoidably passed
over in our journey, especially from the counties of Leinster previously omitted, and
also from several persons who from their published writings or personal reputation
appeared qualified to give valuable assistance. We have held in all sixty-five sittings,
at sixty-one of which evidence was taken ; and at these sittings we were favoured with
the experience and opinions of upwards of seven hundred witnesses. Among those-
who were examined were ■ eighty landowners, seventy land agents and five hundred
tenant farmers, together with several clergymen of different denominations, and some
ofiicials, barristers, solicitors, land-surveyors and professional valuators.

B

Evidence in reply
to statements
affecting indi-
viduals.

2 IRISH LAND ACT COMMISSION, 1880.

4 In the course of this evidence many statements were made aflfecting individuals,
which there were no means at the time of verifying. Under these circumstances
we adopted the usual course of sending to the parties affected copies of the evidence
affecting them, accompanied with a circular (No. 4) which will be found printed
in the Appendix, offering to them the choice of appearing before us and giving evidence
in answer to those statements, or else of having printed m the Appendix to our Eeport
statements by themselves or their agents in reply. The evidence taken m pursuance
of this circular will be found printed in our Appendix (B), and the communicatioDl
received from those who were unable or who did not desire to attend are also printed
in their proper place (C).

Evidence from 5. Some evidence tendered us from the remoter parts of Donegal it proved impossible,

Western Donegal, consistently with our arrangements, to receive at any sitting of the Commission while-

we were on our journey ; and it was also difficult, from the great distance, to bring the.

witnesses to Dublin. Under these circumstances we directed our Assistant Secretary

to visit these parts, and the evidence submitted to him on the spot will be found:

embodied in his report to us in the Appendix (U).

Answers from
County Court
Judges.

6. Of the communications we have received, we desire to call attention to a valuable'
series of answers from County Court Judges to questions we issued, in reference to
points of difficulty in the working of the Act of 1870, which will be found printed in
our Appendix (E).

II. Tenant-Right in Ireland.

The Irish yearly
tenancy.

Compare Report
of the Devon
Commission, p.
15 ; Longfield,
39800, 39843.

Tenant-right (a.)
in Ulster.

M'Elroy, 4654 ;
Dufferin, 33066 ;
Marum, 35830 ;
Blake, 39757.

Devon Report, p.
14.

Townshend, 1641
Hanna, 8890.

7, We do not propose, after all that has been said and written on the subject, to
recount at length the recent history of the Irish Land Question. A few words only,
are necessary by way of preface. For many generations the great bulk of the land^
under cultivation in Ireland has been Iield in small farms of under thirty acres, without
leases, upon parol tenancies from year to year. In these tenancies by the common law
the tenant has always had a right of property, which he might dispose of, and which,
was only determinable subject to conditions, the principal of which was the requirement
of six months' notice to quit, recently extended by the Act of 1877 to twelve months,
But this notice was too short, and the property right in consequence too evanescent, to
make the tenant's condition materially better than what it is sometimes popularly,
called, a tenancy at the will of the landlord. The landlord might, from year to year,
practically alter the future rent as he pleased ; and was entitled to turn out the tenant,,
if so minded, without assigning any reason.

8. Nevertheless, by a species of popular consent, almost universal, though without
legal sanction, tenants in this position have been regarded as possessing an interest in
their holdings, of which, so long as they paid their rents, it was thought unfair that
they should be deprived. In Ulster this consent was embodied in the well-known,
Custom of Tenant-Kight, which was variously defined, and has been based upon theories,
historical and juridical, of its origin, with which it is unnecessary here to deal. The,
report of the Devon Commission describes it as " a claim generally exercised by the
tenant to dispose of his holding for a valuable consideration," and it is at the present
day, usually stated for purposes of litigation in the following form : — " A usage whereby,
the tenant in occupation is entitled to sell his interest, commonly known as his tenant-
right, in his holding, subject to the rent at which it is held, or such altered rent as
shall not encroach upon the said interest or tenant right, at the best rate, to any solvent
tenant to whom the landlord shall not make reasonable objection ; or, if about to quit
the said holding, or on resumption of the said holding by the landlord, or if the land-
lord has indicated his intention to resume the said holding, is entitled to the value of
the said interest, or tenant-right, as if so sold to a solvent tenant." Of these two state-.
ments the first makes the tenant-right to consist solely in the right to sell, the second,
centres it upon that right. But it would be a mistake to suppose that the genera^
consent, or prevailing sentiment, to which we have referred, was limited to this righf ,
.of sale. Without a feeling that tenants were entitled to an actual interest or right of
occupancy in their holdings, larger than the legal tenancy, there could have been no
prevailing sentiment in favour of their right to realize that interest. That it was a
larger interest, and not the mere yearly tenancy, which the tenant sold, is obvious from
the price that was paid for tenant-right, which often amounted to from twenty to thirty

REPORT. 3

.years' purchase of the rent, and sometimes to a greater number oi years' purchase*
Moreover if the prevailing sentiment had stopped short at the question of sale, and had
not aiFected the legal right of the landlord to raise the rent at his discretion, it is not Patterson, 36674.

-likely that there would long have remained anything for the tenant to sell. The state-' S. C. M'Elroy,

- ment of one of its advocates describes the Ulster custom as consisting of " the right of 4654. .
free sale on the part of an outgoing tenant, and continued occupancy, at a fair rent." ?*'^*®"^^p*J'^. ^'^'
To this it must be added that, under each of these three heads limitations have been ^^73 j ' "^^ *'
established, some of which are universally received as modifying elements in the
custom. Upon the right of sale there is the limitation that the landlord can exercise

, a veto as to the purchaser upon "reasonable grounds." To the right of continuous
occupancy there is this exception, that the landlord can terminate it, if he chooses to
pay the tenant the market value of his tenant-right. The right to a fair rent has never Hill, 3123 ;
been itself defined, and therefore the limitation of it remains undefined also. It is Young, 5873.
allowed that the tenant has no claim that the landlord shall forbear to raise the rent

.from time to time, as circumstances may allow, and as the condition of agricultural
profits may seem to justify. It is allowed on the other hand that the landlord has no
claim to raise it to such an extent as to destroy the tenant-right, or to absorb the
profit due to improvements made by the industry of the tenant. But no principles for
the calculation of a fair rent, as distinguished from a full commercial rent, have ever
been so generally received as to become a part of the custom. We postpone for the
present certain questions as to the true extent of the Ulster custom of tenant-right,
which will be considered in the sequel.

9. Outside Ulster something analogous to these usages has existed, though fitfully Tenant-right (b.)
a.nd without general prevalence in any locality. Thus, a tenant who pays his rent is outside the Ulster
very seldom evicted ; and even if the rent falls into arrear, it has not been the general ^^^'^*'°™-

or the prevaihng rule that ejectment should follow as a matter of course. Farms have
remained in the same families, have descended from father to son, and are considered to
be fully as much the family property of the tenant as the reversion of them is part of the
family property of the landlord.f These tenants have not been protected by law, or by
any such general acknowledgment of their interest as could be called a local custom.
Such protection as they had was due to the prevailing sentiment, Avhich affected the
■conduct, though it could not modify the legal rights of landlords. Again, the sale of
holdings was a very common practice in all parts of Ireland.! Here and there it was
allowed ; and even when it was effected without formal permission, the result was often
sanctioned by the easy admission of a purchaser as tenant on the recommendation of the
outgoing tenant. More often, however, strenuous efforts were made to prevent any-
thing of the kind. Lastly, though the amount of rent was always at the discretion of
• the landlord, and the tenant had in reality no voice in regulating what he had to pay,
nevertheless it was unusual to exact what in England- would have been considered as a
full or fair commercial rent. Such a rent, over many of the larger estates, the owners
of which were resident and took an interest in the welfare of their tenants, it has never
been the custom to demand. The example has been largely followed, and is to the
present day rather the rule than the exception in Ireland.

10. From one point of view it has been urged, not without show of reason, that the Improvements by-
valuable interest which an Irish yearly tenant enjoys, and which he sometimes wishes t ■i:;uits general,
to sell, is enjoyed by him through the forbearance of his landlord, in exacting a rent less ""'^ one cause of
than the commercial rent of his holding. But there is another and perhaps a juster ^'''^""^^■''^S^*
point of view, according to which the low rent was but the recognition of an existing

existing.

* Hill, 3181 ; Simpson, 3336 ; McElroy, 4443 ; ShiUington, 4968 ; Young, 5888 ; Waring, 6919 ; Forde,
7002; Beatty, 7319; Watson, 7468; Ker, 8079; Alexander, 8779; Sinclair, 11412; Donaldson, 11576 ;
Olphert, 11547; Brooke, 11595; Lepper, 11638; Loughrey, 12118; Baldwin, 32052, 32424; La Tor.che,
34748.

t De Moleyns, 144 ; Sweetman, 1137, 1206 ; O'Brien, 3932 ; Hamill, 4278 ; French, 19122 ; Daly, J. A
19820; Bailey, 20263; M'Sweeny, 25180; Townshend, 33958; Keane, 35763.

+ Ormsby, 617; Reeves, 1981, 2000; Meagher, 2247 ; Derham, 2471 ; Murphy, 2754; Kirkpatrick, 3^56 ;
O'Brien, 4015; Murphy, E., 10192; Cooper, 12419; Mackenzie, 13010; L'Estrange, 13090; OConor,
13706, 13713; King-Hai-man, l4l21 ; Olpherts, 14340 ; Stoney, 16537; Thomas, 16712; Gore 16921-
Knox, 17004; Clancy, 18144 ; Blake, 18822 ; Daly, W., 19026 ; French, 19120 ; O'Flaherty, 19415 ; O'Hv,'
19469; Lambert, 19519; Halliday, 19560; Robinson, 20693; Macdonnell, 21291 ; Hunt, 21532; O'Fkhe.-tv'
21862; Barry, 21990; Morice, 23918; Spaight, 24416; Newman, 25104; O'Sullivan, 25761; Keatino'e'
25870; Leaihy; 271202; Barry, 28741; Sanders, 29058, 29168; Fitzgerald, 29522; Nyhan, 29575- Pa-.ne'
30410; Becher, 30625; Hegarty, 30681; Sherlock, 30947; Anthony, 31946; Baldwin, 32455; Roberts!
33461; Townshend, 33948; Latouche, 34740; Vernon, 35254; Johnstone, 35575; Irvine, 35661, 35731-
Deane, 37327; Healy, 37375; Lansdowne, 37475; Bole, 38044; Curling, 39344; Little, 39477- Adam<^or'
39587 ; Rochfort Boyd, 39889.

B 2

IRISH LAND ACT COMMISSION, 1880.

interest, with which it would have been, though not illegal, yet inequitable to meddle,
Latoucht, 930 ; The credit is, indeed, due to Irish landlords as a class, of not exacting all that they, were
Kobertson, 1426. by law entitled to exact. But their forbearance has been the result^ nat merely of
kindliness of disposition, but also of common honesty, which forbade them to appfo-
Kirkpatrick, 3818 priate the results of their tenants' labour in improving the soil. The question ho\? far
FowUr, 39262. the improvements made on the soil have been the work of landlords, and how far of
tenants, is eagerly debated. But it is not denied by anyone that in- Ireland- it ^-~
been the general rule for tenants to do more, at all events, than the mere agricu?^
operations necessary to insure them such a profit as could be realized within the „„^
which constituted the legal term of their tenancies ; and this, of itself, is enough to
establish in their favour a presumption that they were morally entitled to a larger
interest in their holdings than was ever recognised by law. As a fact, the removal
of masses of rock and stone, which in some parts of Ireland incumber the soil, the
drainage of the land and the erection of buildings, including their own dwellings, have
generally been effected by tenants' labour, unassisted, or only in some instancesi assisted,
by advances from the landlord.* '

and society,
another.

The circumstances H- Nor is this all. That condition of society, in which the land suitable for tillage
of Irish history can be regarded as a mere commodity, the subject of trade, and can be let to the highest
bidder in an open market, has never, except under special circumstances, existed in
Ireland. Not, certainly, in the times of Irish independence, when chiefs and their septs
held land under some form of common ownership ; not in the times of its disintegration,
when the chiefs had become owners and dealt with their followers at pleasure, butnever,
we may be sure, allowed any but their own personal dependents to settle on their land;
nor yet in the later days of English settlement, when landowners were glad to invite
tenants of the same race and religion to settle round them on easy terms in order to
secure themselves in their estates, was there any trace of an open land market, and of
land let by competition at a commercial rent. The epoch of wars closed, and the
population multiplied ; but the condition of society remained the same. ManufactiiriS| 1
industries failed, from well-known causes. Instead of a native landowning class rooted
in the soil, the landlords of Ireland were as a class alienated from the mass of the people
by differences of religion, manners, and sympathy, and were many of them strangers
and "absentees." Instead of a cultivating class deeply imbued with traditions of
migration and of adventure, with other modes of life open to them besides agriculture,
and a Poor Law to fall back upon in the last resort, Ireland swarmed with a home-
keeping people, without manufactures, colonies or commerce, dependent upon tillage,
and holding on, for life and living, to the soil of which they were not the owners,
Not even when the numbers of the population became excessive did the commercial :
theory begin to regulate the letting of farms in Ireland. The economical law of supply
and demand was but of casual and exceptional application. It is generally admitted
that to make it apphcable the demand must be what is called " effective;" in this
instarice it may be said that, whatever was the case with the demand, the supply was never
effective. It was of little use to the landlord, who thought of rent-raising, that there
were hundreds of applicants for a farm of his, when a tenant, or a swarm of tenants,
already occupied it, Avhom the law itself was frequently not able to eject. Famine super-
vened, and wholesale emigration ; the pressure was lightened in some places, while Id
others the return of prosperity sustained it. But the Irish farmer remained, as before,
faithful to the soil of his holding, and persistent in the vindication of his right to hold
it. In the result, there has in general survived to him, through all vicissitudes, in
despite of the seeming or real veto of the law, in apparent defiance of political economy,
a living tradition of possessory right, such as belonged, in the more primitive ages of
society, to the status of the man who tilled the soil.

12. A high authority on the subject, an authority favourable to the policy of the law,
bears weighty testimony to the fact of its failure. In the Eeport of the Devon Com-
mission, though no misgiving is expressed as to the absolutely beneficial tendency of
the law which refused recognition to the tenants' interest, the existence of the Ulster |
Tenant-right is acknowledged, and its claim to consideration is not denied. The custom ;
of Ulster Tenant-right, the Eeport says—

''Dates from a very early period, having probably sprung up as a natural consequence from the manner in
winch property was generally granted and dealt with in that part of the country From this

* De Moleyns, 98 ; Ferguson, 315 j Sweetman, 1193 ; O'Connell, 3009, 3047 : Hill, 3192 ; HamiU, 4266)-)

Testimony of the
Devon Commis-
sion to the exist-
ence of tenant-

right.

p. 14.

REPORT.

state of things a feeling of proprietorsliip appears to have grown up in the tenant, which continues in a great
degree to the present day . . . . Anomalous as this custom is, if considered with reference to all ordinary-
notions of property, it must he admitted that the district in which it prevails has thriven and improved, in
comparison with other parts of the country; and although we can foresee some danger to the just rights of
property from the unlimited allowance of this tenant-right, yet we are sure that evils more immediate and of a
still greater magnitude would result from any hasty or general disallowance of it, and still less can we recom-
mend any interference with it hy law."

Outside Ulster the Report recognizes the existence of general uneasiness, and of a
want of harmony in the language used by landlords and tenants respectively, when
speaking of their rights. ' It says —

"The most general, and indeed, almost universal topic of complaint brought before us in every part of Ireland,
was the ' want of tenure ' — to use the expression most commonly employed by the witnesses. It is well known
that the want of ' fixity of tenure ' has, for some time past, been put sedulously forward as one of the most
prominent grievances of the Irish tenant. Some few of the witnesses before us have given to that term a
meaning wholly inconsistent with any regard for the most generally admitted rights of the proprietors of the
soU ; but this is not common ; most of them have referred to this subject in much more Oioderate and reason-
able language. The uncertainty of tenure is, however, constantly referred to as a pressing grievance by all
classes of tenants. It is said to paralyze all exertion, and to place a fatal impediment in the way of improve-
ment."

p. 16.

Sweetman, 1086,
1155 ; Robertson,
1515; Murphy,
10190 ; Verluig,
29280; Sherlock,
30969 ; Anthony,
31961 ; Baldwin,
32086.

13. The Land Law of England, a country differently situated, and in which the social Discrepancy
system has received a different development, has been, by force of circumstances, im- ^^^T'^^ the law
posed upon Ireland ; and in many instances, principally in connexion with the law of t^jition^^^^ ™^
ejectment, powers have been conferred upon the landlords in Ireland that have no
existence in England. That law may have been beneficial in its operation in a country Hamill, 4253.
where it was merely the embodiment of existing relations, or the expression of pre-
vailing tendencies ; but when transplanted into a country where the relations between
landlord and tenant were of a different character, and were being developed after a
different fashion, not only did it fail to change those relations into the likeness of
English traditions, but also, by its attitude of continual antagonism to the prevailing
sentiment, it became detestable to tenants, and helped to bring the Courts that ad-
ministered it, and the Government that enforced it, into undeserved odium. In the
result, a conflict of rights, legal and traditional, has existed in Ireland for centuries.
The degree of quiet which the country has enjoyed has been due quite as largely to
non-enforcement of the legal right, as to the overriding by it of the traditional.
Poverty and ignorance, and the absorption of political feeling by other subjects of
interest, have retarded the arrival of the controversy at its present acute stage.
Ireland is now richer and has fewer grievances of a social or political sort than at any
previous period of her history. For this very reason the great grievance that remains
has now come to the front, and demands an instant remedy. But the difficulty is no
new one. A note of alarm is sounded in the introductory chapter to the Digest
issued by Lord Devon of the Evidence taken before the Commission over which he pre-
sided, warning landlords of the irreconcilable difference between the rights claimed by
tenants and those conceded to themselves by law, and impressing on them the
extreme danger which impended over their legal position, if this conflict of right were
not speedily terminated. But even here it was not proposed to extinguish the claims
of tenants by legislation.

" The whole of that vast mass of evidence taken by the Commission, in reference to the mutual relation
existing between the proprietors and occupiers of land in Ireland, is at once conclusive, painfully interesting,
and most portentous in its character. It proves that the safety of the country, and the respective interests
of both those classes, call loudly for a cautious but immediate adjustment of the grave questions at issue
between them. In every district of the country we find that a widely spread and daily increasing confusion as
to the respective rights and claims of these classes exists; and it is impossible to reject the conviction, that
imless they be distinctly defined and respected, much social disorder and national inconvenience must inevi-
tably be the consequence. It appears, on the one hand, that the tenant claims what he calls a tenant-right in
the land, irrespective of any legal claim vested in him, or of any improvement effected by him — that the value
of this claim is estimated at different rates in different localities — that it is either openly admitted or sdently
acquiesced in by the landlords in some districts, whilst it is considerably restricted or absolutely denied by
others. In the north of Ireland this system is pretty generally either authorized or connived at by the laml-
lord, and it is not uncommon for a tenant without a lease to sell the bare privilege of occupancy or possession
of his farm, without any visible sign of improvement having been made by him, at from ten to sixteen, up
to twenty, and even forty years' purchase of the rent, and the comparative tranquillity of that district may,
perhaps, be mainly attributable to this fact. In the remaining portions of the country the evidence would lead
to the conclusion that the practice, although equally claimed by the tenant as his right, is not allowed, either
openly or by sufferance, by proprietors, except in rare individual instances, and then upon a very much modi-
fied scale. It is difficult to deny that the effect of this system is a practical assumption by the tenant of a

joint proprietorship in the land Landowners do not appear aware of the peril which

thus threatens their property, and which must increase every day that they defer to establish the rights of
the tenant on a definite and equitable footing. . . . They do not perceive that .... an established

1.

Leases not accept-
able.

:g IRISH LAND ACT COMMISSION, 18S0.

practice not only may, but must, erect itself finally into law; and any one wlio will take the pains to analyse
this growin" practice, will soon perceive how inevitable that consequence must be in the present case, unless
the practiceltself be superseded by a substitute that shall put the whole question on a sound, equitable, and
invigorating basis. This basis can only be one that shall accurately define the property of the landowner from
thatV his tenant, and ensure to each the full enjoyment of his own."

14. Many of those who have devoted thought to the settlement of the difficulty bve
come to the conclusion that the true remedy for all the evils of insecure tenure, and
• of discrepancy between law and tradition, lay in the gradual introduction and universa/
adoption of a system of Leases. The Report of the Devon Commission above quotg,
points in this direction. The tenants, however, in general refuse_ leases.* The offer
of security in their holdings for a term of years presents no attraction to them. They
see in it, not a lengthening of the legal yearly tenancy, but a shortening of the con-
tinuous traditional tenancy. A lease generally involves an immediate increase of
rent : at all events, rents are found almost invariably to be raised on its termi-
nation. It has seemed better to abide by the tradition, and trust to the easiness of
the landlord, and the chapter of accidents. The number of leases in Ireland does not
appear to be materially increasing ; and this method of settling the land question has
apparently become hopeless.

Effect of the 1 5. It is probable that the warning given by Lord Devon had a considerable effect in

transfer of estates causing efforts to be made, far more systematically than before, to repress the tendency
under the Landed q£ ^j^g daims of tenants to become established in the form of local customs. Another
cause which has operated in the same direction has been the extensive transfer, under
the action of the Encumbered Estates Court and of the tribunals which have taken
its place, ever since the famine of 1846, of ancient properties, previously managed in a
more or less patriarchal fashion, to new owners.t Most of the purchasers were ignorant
of the traditions of the soil ; many of them were destitute of sympathy for the historic
condition of things. Some purchased land merely as an investment for capital, and with
the purpose — a legitimate one so far as their knowledge extended — of making all the
money they could out of the tenants, by treating with them on a purely commercial
footing. A semi-authoritative encouragement was given to this view of their bargains
by the note which it was customary to insert in advertisements of sales under the
Court — "The rental is capable of considerable increase on the falling in of leases.".
This hint has often been acted on, and rents greatly above the old level — ^in some cases
probably above the full commercial value — have been demanded and enforced, with
the natural result, in a few years' time, of utterly impoverishing the tenants.

Estates Court.

Hill, 3114;
Blake, .39747

The Landlord and
Tenant Law
Amendment Act,
1860, 23 & 24
Vict., cap. 154,
s. 3.

The Land Act,
1870, 33 & 34
Vict., cap. 46.

S. 1.

S. 2.

16. The last step in the development of what may be called the English Land Law in
Ireland was the passing of the Act of 1860, whereby it was enacted that "the relation
oflandlord and tenant shall be deemed to be founded on the express or implied contract
of the parties, and not upon tenure or service." This enactment has produced little
or no effect. It may be said to have given utterance to the wishes of the Legislature
that the traditional rights of tenants should cease to exist, rather than to have seriously
affected the conditions of their existence.

17. The Act of 1870 constituted a reversal of this policy, and the establishment of a
new order of ideas. For the first time it was decided in some measure to recognize the
existing state of things. The attempt was abandoned to establish by law the commercial
system of dealing with tenancies of agricultural land. In Ulster, where the traditional
rights of tenants had attained the consistency of a custom generally recognized, that
custom was now legalized, and became a part of the law ; and in the case of any holding^
not situated in Ulster where a usage prevailed in all essential particulars corresponding
with the Ulster tenant-right custom, it also was legalized. Where the Ulster custom!
did not exist, a legislative sanction was given to the pre-existing sentiment that a tenant
ought not to be deprived of an interest, which, nevertheless, the statute did not in
terms declare him to possess. But in all cases the only weapons given by the statute'*
for vindicating the rights of the tenants were in the nature of compensations for the

* Allen, 1901; Forde, 7019; Watson, 7478; Sinclair, J., 11355; Caskey, 12339; Knox, 16995; Mahon,-.
.21169; Hunt, 21664; Beeves, 23371; Hussey, 25260; Crosbie, 26201; Barrett, 30551; Hegarty, 30691)
Fell, 30757 ; EochfortBoyd, 39901. ' ^' > , ^ S,

+ Robertson, 1538; Coleman, 2544 ; Everitt, 2544, 2567 : Simpson, 3342 ; Quin, 5756 ; Brush, 6694, 6710,
6719; Watson, 7526; Murphy, 10115; Ashe, 11995; M'lntyre, 13336; Cawlev, 14076; Bourne, 15178;
Barbour, 15621; Gore, 16977; O'Hara, 19505; Bailey, 20246 ; Seymour, 20668;' Kilmartin, 21035; Joyce.i
210Gy; Stntch, 24357; O'Sullivan, 25804; Walpole, 26187; Barry, 28729; Fitzgerald, 29544; Burdon,"
31602; M'Mahon, 34398. . ' ^ , >

REPORT. ■ 7-

wrongful deprivation of his interest in his holding. Thus the tenant unprotected by Gave only indirect
the" Ulster custom became entitled, on quitting his holding, to compensation, subject to piotection to
many restrictions, for his improvements ; to compensation, within limits, for money paid f^'^^% interasts.
when he entered on his holding; and, more important still, to compensation subject to g"y ' ' "
a scale for the mere fact of disturbance, apart from any consideration of improvements g 3
made or of money paid on entering. The remedies given to a tenant under the Ulster
Custoni were similar in kind. The tenant who was served with a notice to quit to
determine his tenancy was to make a claim on his landlord for the value of his tenant- g. le.
right. Logically speaking, such a claim ought to have justified a decree to enforce the-
Custom, by way of specific direction to the landlord who was found to be violating it to
abstain from doing so, and to charge no more than a fair rent, if he were found to have
unduly raised it. But the absence of such a provision in the Custom itself, and conse-
quently in the law legalizing it, and the general tenor of the subsequent sections,
have caused the word " claim " to have a signification, in all cases, of a claim for money
representing the value of the tenant-right ; in other words, for compensation for the
loss of it.

18. The full bearing of these observations will not be appreciated, unless it be remem- In what respects
bered that, in nearly all cases of dispute between tenant and landlord, what the ^* ^^^ failed.
aggrieved tenant wants is, not to be compensated for the loss of his farm, but to be
continued in its occupancy at a fair rent. This, as the law now stands, he cannot De Moleyns, 118;
have ; and in order to raise a question before the Court, he is forced to begin by a Everitt, 2489 ;
surrender of the only thing for which he really cares. The plaintiff in a land claim, if Cmmin'^h^t^^'
he fails to prove his case, is turned out without the compensation that he claimed ; 9433 '

but if he proves it, he is turned out all the same. Even the chance that he might,
by consent of the landlord, be allowed to continue in possession at the higher rent, the
demand of which in many cases has been the sole cause of the suit, and his refusal to
pay which has led to the service of the notice to quit upon him, is lessened by the
bitterness naturally engendered in a contc st at law between himself and his landlord. The
Act was intended to confer security upon tenants, and has to some extent succeeded in so
doing ; but it has in this respect introduced a new element of insecurity. It has converted
ordinary disputes over the amount of rent, and over a tenant's dealings with his
holding, into one-sided wagers of battle, where the prize at stake is in all cases first
adjudged to the landlord, and the tenant, if successful, is obliged to put up with a
substitute. In a word, once the tenant comes into court, all the law can give hint
is compensation in money. The very fact of his making a claim at all presupposes that
he is to leave the land. It is obvious that a statute of this description, the utmost scope Hill, 3158 ;
;0f which is to give compensation for the loss of a valuable interest, but no right to be Alexander, 8775.
{protected in its enjoyment, or to have it restored when it has been taken away, fails
to afford protection on the usual lines to the tenant's interest in his holding, if that
interest be considered as a genuine proprietary right; and at the same time it is hard
to see on what grounds such legislation is to be justified, if the existence of any proprietary
right in the tenant is denied. However useful as a temporary measure, at a transitional
period, it appears to us that the Land Act contained in itself the seeds of failure, as a
permanent settlement. As such, now that it has been fairly tried, it is impossible to
resist the conclusion that it has failed to give satisfaction to either party.

^' III. Conclusions from the Evidence.

y 19. It appears from the evidence that the Land Act of 1870, notwithstanding its The Land Act
defects, has conferred advantages upon the tenant farmers of Ireland, especially in ^^s conferred
jUlster. It has, however, failed to afford them adequate security, particularly in insufficient protec-
protecting them against occasional and unreasonable increases of rent. The weight of in^resnc' -t of^At-
evidence proves indeed that the larger estates are, in general, considerately managed ; raising.
but that on some estates, and particularly on some recently acquired, rents have been
raised, both before and since the Land Act, to an excessive degree, not only as
compared with the value of the land, but even so as to absorb the profit of the tenant's
own improvements. This process has gone far to destroy the tenant's legitimate
interest in his holding. In Ulster, in some cases, it has almost "eaten up" the tenant- 'i\)v,-ns:liend 1653:
right. Elsewhere, where there is no tenant-right, the feeling of insecurity produced Hill, 3132 •
by the raising of rent has had a similar effect. The extent and mischief of this feeling J>1 'Eln..y^_4597 ;
of insecurity are not to be measured by the number of cases of rent-raising whicli MW-'imU-
liave been brought into court, nor even by the number of cases where the rent has lianlii'ion, 3334,5 •
actually been unduly increased, or of estates on which the owner has been thought to Bhke, SJTOi.

Feigason, 353 j
Bailey, 20252.

urn, 3225 ;
Simpson, 3342 ;
Baldwin, 32104,

Illustrations from
the Evidence,

8 IRISH LAND ACT COMMISSION, 1880,

have unduly raised the rent of one or more of his tenants. The feeling is contagious^
and has spread far and wide, . Even a single case, very likely misapprehended, in which
a landlord, of previously good reputation in this respectji is thought to have • acted
unfairly by a tenant, may largely affect the condition, and the good feeling of an
entire neighbourhood. Since the Land Act, cases of this ^ kind have been more
fiercely canvassed and more widely known. Some landlords, who previously werfi
content to take low rents, appear to have begun a system of rent-raising when- th&
Land Act was passed, either because they judged that their former forbearanGi^s
not suitable to the new relations which legislation had established between themselves
and their tenants, or because the profits of agriculture just then were high, or because
the high price fetched by tenant-right, under the stimulus of the satisfaction engendered.
by the passing of the Act, made them think that they had hitherto been mistaken
in letting their land so cheaply. , '

20"'. Thus Mr. S. M'Elroy, Secretary of the co. Antrim Tenants' Right Defence Asso-;
ciation, says, Q. 4489 : —

" Putting on one side tlie amount of rents raised on account of the misapprehension created in some land-
lords' minds by the Land Act, with the advantages gained by the tenant on the other side, throngt
compensation in the Land Court, I believe the tenants have lost more by increased rents than they have gajned
by the compensation given in the Land Court."

Mr. Shillington, Chairman of the Armagh Tenant Farmers' Association, says, Q,

5074 :—

" You think the eflfect of raising rents in the north has been more or less to interfere with the tenant-right !-
The effect has been to reduce the value of the tenant-right, and it has interfered with the comfort and content
ment of the farmers, and made them discontented, and producing a great deal of agitation and discontent mtl
the existing state of things. Q. Has it affected the sense of security they feel for their interest in the landl-
Very greatly. It has produced a very general uneasiness and sense ot insecurity — ^the gradual raising o
rents. Q. Am I right in thinking that it would be possible, by increasing the rent on every farm in that way
to do away with tenant-right altogether 1 — Quite so. It is a question of time whether the Ulster tenant-rigtt,
on many estates, will not disappear altogether, under the existing law. The facts of the past ten years prove
that it is merely a question of time."

Mr. Joseph Alexander, of Imlick, co. Londonderry, says, Q. 8688 ; —

"The Land Act of 1870 affords no protection to the tenant farmer for his improvements, nor as regards
rent. Q. You mean it gives no protection against increase of renf? — None. It gives no pj-otectioa against
increase of rent for improvements. Q. Improvements made by the tenant ? — Made exclusively by the tenant,
. . . Q. The intention of the Act was to give the tenant security for all his rights as they existed at the time
of the passing of the Act ? — Quite so. Q. You think the Act was not bufScient to secure that 1 — Not sufficieiiti
because the landlord can raise the rent to any amount he choses. Of course the tenant has three alternatives-
he either sits under the increased rent, or he sells his interest and walks out, or he delivers up the farm to the
landlord, and iights him in the law court. Q. And they object to fighting ? — -They do. It is something liie
the three alternatives that were offered to the ancient King of Israel — three iaonths before the sword of tk
enemy, three years' famine, or three days' pestilence. There have been no land cases in our county court for a
considerable time. Q. The tenants prefer to submit to the increase of rent rather than go to law? — Yei,
Q. Going to law means going out of your farm 'i — It does ; and it also means going to a place that we don't
know what will happen to us — no more than we do of a future state of existence. We never can tell whit
may be the resu.lt of litigation."

* See also, among others; Eerguson. 227; Sweetman, 1179, 1190; Robertson, 1403, 14t)5 j Allen,
1946, 1951; Coleman, 2283, 2298, 2303; Drew, 2726, 2740; O'Connell, 3023, 3031; HUl, 3086, 3134;
Simpson, 3314; Knipe, 3639, 3646; Fenlon, 3715, 3760, 3766, 3772; M'Elroy, 4551, 4559,4581,4597;
Shillington, 4987, 5079,5114; Kuddell, 5271; Quin, 5660, 5691, 5701 ; O'Callaghan, 5824; Swann, 6127;
Perry, 6246; Murray, 6352 ; Lennon, 7540, 7610 ; Campbell, 7656 ; Henry, 7770 ; Gault, 8388 ; WaUwie,
8529; M'Nair, 8649; Alexander, 8689, 8772; Hanna, 8912 ; Gamble, J., 8986; M'Glinchy, 9151; Cun-
ningham, 9404; Flanagan, 9639, 9654, 9675 ; Dunne, 10025 ; Norris, 10219, 10235 ; Warnock, 10312, 10324;
Monison, 10449; Caldwell, 10545; Coyle, 10572, 10599, 10642; Adams, 10605, 10633; Cole, 10662;
M'Connell, 10685; Laughlin, 10686; Gregg, 10719; M'Intyre, 10778 ; Gamble, W., 10873, 10886, 109021
Loughrey, 11117; Sinclair, /cimes, 11391 ; Sinclair, William, 11424; Brooke, 11603; Craig, W., 11666;
M'Kinley, 11681 ; Ashe, 11990 ; Craig, R, 12172 ; Mannion, 12641 ; M'Donough, 12841; Shavley, 13237;
Cunningham, 13396; M'Kenna, 13839, 13919; Martin, 13954,13985; Cawley, 1404; Hanlon,. 14376)
Gallagher, 14632 ; Jackson, 14847 ; Ward, 14934 ; Flaherty, 14982 ; Fawcett, 15091, 15102 ; Moore, 15136;
Grean, 15729; Heraghty, 16438, 16351; Gibbons, 16479; Hogan, 16475 ; Corcoran, 17333 ; Dowling, 1
18060; Morris, 18409 ; Kilmartin, 20944; Joyce, 21065 ; Bolster, W., 21675 ; O'Flaherty, 21,842; Casey,
21960; Barry, 22021 ; Cahir, 22946; Gubbins, 23508, 23516; Madden, 23522 ; Stoney, 23608; O'Conuov,
M., 24537, 24583, 24589 ; Moynahan, 24619, 24625 ; O'Connor, T., 24,650 ; Carroll, 24785 ; AUman, 24833;
O'Donoghue, 25025; O'Connor, M. 25212; Warren, 25498; Clifford, 25683; Fitzgerald, 25715; GriflBn,
25,885; Walpole, 25982; O'Connor, P., 26303 ; Foley, 26358; Lane, 26464; Riordan, 26722; Barry,
28729; O'SuUivan, 28942; Sheehan, 29017; Verling, 29275; Nyhan, 29557 ; Daly, 29993 ; M'Carty, 30249;
Finn, 31297; Nugent, 31330; Mulcahy, 31349; Maher, 31362; Finn, 31370; Burdon, 31585; CrooiBj,
31998; M'Mahon, 34361 ; Orr, 34941 ; Walsh, 35504; Marum, 35848; O'Halloran, 35960; Foley, 35984,?
35993, 36006; Murphy, 36230; Pringle, 36770; Gartland, 36954; M'Keogh, 37061, 37067, 37074S'
M'Govern, 37230, 37240; Phelan, 37275; Smith, 38411, 38417; Sproule, 38337, 38,645; Pringle, 3877J)
38783; Galvin, 38833; Holahan, 39192. See also Appendix B, C, and Reference Table.

REPORT. 9

Mr. H. Ward, county cess collector, Ballintra, co. Donegal, says, Q. 14980 : Illustrations from

"A. great portion of the landlords of this country are doing everything they can to put down the Laud *^® Evidence.
Act of 1870, to make it a useless letter in the Statute Book, for the rise of rent prevents the tenant-right

being any use, and a man won't buy This great contention between the landlords and

the people did not so muchexist until after the Land Act. The landlords are death on the people. Q. Stand-
ing on their rights I—Yes, and saying we will not allow this Tenant-Right Bill to have effect at all, and we
will put on a rent that will destroy it, and has destroyed it."

Edmund Langley Hunt, Esq., of Curraghbridge, Adare, co. Limerick, says, Q.
21653 :—

" On the properties you are acquainted with are there periodical valuations ? — No, there are not. Q.
On a change of tenancy I suppose there is a change of rent 1 — As I say, that is done very quietly You sec
the rents raised and raised, and you find it hard to know" how it has been done. The tenant must arrange it,
as a matter of fact."

Thomas Sanders, Esq., of Sanders Park, Charleville, co. Cork, says, Q. 29087 : —

" Do you feel any difficulty in fixing the rents with the tenants at all 1 — I can't say I do ; on the falling
out of a lease, I have had very little difiiculty in increasing the rents. Q. Supposing a man is in possession
of a farm and you want to increase his rent, and he disagreed, how would you settle the matter — does it end by
having your own way ? — I end it by having my own way. Q. You would not call that freedom of contract —
would you'! — It would be perfect freedom of contract, if I were dealing with an outsider. Q. Exactly.
But when a man is in possession, and has nowhere else to go to — what would you call it then 1 — In some in-
stances it would be perfectly free. Q. But there are some that would not be perfectly free — what would
you do when they suggested a perfectly fair commission to fix the rent f — I would do what I considered
fair. Q. That is fix the rent yourself? — Fix what I considered a fair rent."

Professor Baldwin, of Glasnevin Model Farm, says, Q. 32106.

" I found the action of one unwise or bad landlord brings disfavour on the whole class in the county or
province, and drives actually terror into the minds of the people for miles and miles. Q. The feeling of the
tenants is what has happened in one place may happen in others 1 — That is what is in their minds."

William Rochfort, Esq., of Burrin House, co. Carlow, says, Q. 33255 : —

" The Land Act, in my opinion, failed in protecting small holders from liability to pay exacting rents, I
do not think it affords adequate protection in cases in which the landlord wishes to raise the rent, more
especially on the tenants' improvements ; but any legislation ought to be strictly confined to the small men
who cannot protect themselves. I do not think the small holders are free agents. Q. You think the large
men can protect themselves 1 — Yes. Q. Where would you draw the line ? — Well, I cannot answer that."

J. E. Vernon, Esq., of Wilton-place, Dublin, says, Q. 35302 : —

" You have to deal with the quantity of land in Ireland at this moment that is let at rents that are too

high. You must deal with that fact — you cannot shirk the question. It is a serious qtiestion in a legislative

point of view, but I do not think you can .shirk it. Q. Do you think that arises from frequent rises of rent

: since the Land Act? — Partly from that cause, there is no doubt about it. I think it began with the Incum-

. bered Estates Court. A number of men bought land in that court on speculation, and increased the rents.

. I could mention estates on which, since the establishment of the Incumbered Estates Court, I have known

[ the rents raised twice. Q. Have you known many cases of rise of rent since the Land Act 1 — I have. I think

J. the passing of the Land Act has had the efiect of raising the rents, for this reason, 1 think men have been

J brought much more within the lines of business. Previous to the passing of the Land Act the landlords let

the thing run on ; they had the feeling that whenever they thought proper they could raise the rents. The

Land Act laid down a Hue, what you could do, and what you could not do ; and that drew the attention of

a great many men to their rights in that sense."

21. Under these circumstances the Act of 1870 has been vainly appealed to for an The remedy in the
adequate remedy. It gives no regular jurisdiction over questions of rent. When rent is Land Act Lsindi-
raised, although the rise may eat into the value of the tenant-right, although it may ^^ct and therefore
deprive the tenant of the benefit of his own improvements, although it may make it "^^ffi<=^®»*-
difficult for him to get a living on the farm, he must, as a rule, submit. The evidence
shows that, under a system of gradual small increases of rent, tenants have submitted,
long past the point at which they consider themselves to be unfairly rented. When at
last they decide to make a stand, they refuse to pay the additional rent. If the landlord
withdraws his demand, matters go on as before. If he does not, he serves a notice to
quit, which at law determines the tenancy. The tenants must then file a "claim," if How it works (a)
under the Ulster Custom for compensation for their tenant-right, if otherwise for com- under the Ulster
pensation for disturbance, and for their improvements, if any. Under the Ulster *-'^*°™'
Custom, the Court inquires whether the custom exists on the estate, and whether
the usages applicable to the particular holding support the tenant in his claim for -g, , 3970*
tenant-right on quitting his holding at the demand of the landlord. These points being '

decided in the tenant's favour, the Court proceeds to examine into the value of the
tenant-right, and to adjudicate him a sum of money accordingly. In so doing it is
necessary to take into account the amount of rent, upon which, as compared with the
gross value of the holding, the value of the tenant-right in the first place depends ;
and in considering, as the statute authorizes, any objection or set-off which either party g_ 13,
may urge, and any default or unreasonable conduct of either party affecting the matter
in dispute, the point may arise for consideration whether the landlord was unreasonable

C

10

IRISH LAND ACT COMMISSION, 1880.

Perguson, 220,
J41 ; Robertson,
U78 ; Hill, 3323 ;
Hamill, 4204 ;
Blake, 39720.

(b) Where the
Ulster Custom
does not exist,
s. 18, end.
s. 4, end.
s. ».

Hamill, 4233 ;
Vernon, 35351.

in demanding the increased rent, and whether the tenant was unreasonable in refusing
it. In this way the question of rent becomes an element in the settlement of the
amount to be paid by way of tenant-right. But no jurisdiction is given to the Court to
adjudge or to propose a fair rent as a settlement of the dispute. However, m the exercise
of their discretion, some county court judges have taken advantage of the stage of the
proceedings at which the question of rent is before them to declare extra-judicially
what they think would be a fair rent, and by consent to put the question in train for a
settlement, upon the basis that the tenant shall be continued in his occupancy at tht
rent. Outside the protection of the Ulster custom, a claim for compensation is similattly
inquired into and settled without any jurisdiction over the question of rent, in this case
the court is expressly directed to disallow the tenant's claim to compensation for dig.
turbance, if it appears that the landlord is willing to permit the tenant to continue m
occupation upon just and reasonable terms, and that the refusal of the tenant to accept
his terms is unreasonable. There is also an express provision that the amount of the
old rent is to be considered by the court, in reduction of the claim of the tenant for
compensation for his improvements. The only case in which the amount of rent is to
be taken into account in a sense favourable to the tenant is a provision by way of
exception to the enactment depriving an ejected tenant of compensation where his rent
has not been paid. In the case of a holding not exceeding £15 rental, ejectment for
non-payment of rent may be declared a disturbance where the non-payment is found
to have been due to the rent having been " exorbitant." This provision has been
almost inoperative, and for the most part unnoticed. The, use in it of the word
" exorbitant" has contributed to this result. Thus, with the exception of the informal
proceedings resorted to by some County Court judges outside the strict hmits of
their function, the Act provides no effectual resource accessible to a tenant against
an undue increase of rent ; nor does it hold out to him any benetit whatever, in cases
of rent-raising, consistently with his remaining in possession of his holding.

Haisiug of Rent
at the time of Sale
of Tenant-right
under the Ulster
Custom, a way in
which the Act has
been rendered in-
operative.
Simpson, 3390 ;
Knipe, 3626 ;
Hamill, 4261 ;
Leitrim, 11281.

Mode iii which
this has been
brought about.
Hill, 3136.

Wamock, 10383
Morrison, 10483.'

22. On estates subject to the Ulster custom an easy way has been found to
render the Act in this respect entirely inoperative, by selecting the time when the
tenant-right was in the market for announcing increases of rent. This practice appears
to be comparatively a new one, since the Land Act of 1870. Before that time there
was a delicacy in meddling with sales of tenant-right. The right of free sale was at
once the element in the custom which least affected the landlord's actioii, the right to
which he had established the most satisfactory limitation, namely, the veto to a
purchaser on reasonable grounds, and the right most" clearly established. It was,
moreover, the one point in the custom from which the landlord himself derived a distinct
benefit. The proceeds of a sale were his acknowledged security against arrears of rent.
The discovery of the large sums that were paid for tenant-right might often suggest ;
to landlords that the time had come for raising rents ; but they did so generally
at their own convenience, either at fixed periods, or on occasion of the general^
revaluation of an estate. After the Land Act, a demand for an increase of rent, if
followed by a notice to quit, became liable to the inconvenience that a tenant might
refuse to pay, and might serve a claim for compensation for his tenant right. In this
way the landlord, if he persisted in his notice to quit, might be forced unexpectedly
to pay down a large sum of money, when he had only calculated on receiving an
increase of rent. _ To wait for a sale of the tenant-right,, and then announce the increase,
.was a course which made it in the highest degree improbable that any resistance would
be made to the landlord's demand. This is what happens ; if the sale goes on, and
the mcrease of rent is submitted to, the outgoing tenant generally has to bear the loss;
in which case it is common to deduct £20 from the purchase-money for every £1 added
to the rent. In other cases the purchaser, who is in the nature of things generally
richer and more sanguine than the vendor, may be weak enough to pay the full value of
the tenant-right, and the higher rent as well. No purchaser if well advised will pay
the original purchase-money, and go into possession of the farm against the landlord's
consent, while refusing to pay the additional rent. If he does, he will be served with
a notice to quit, and will thus have bought a lawsuit. If he makes a claim under these
circumstances, he will only get the diminished value of the tenant-right at the increased
rent, unless he can show conclusively that the additional rent demanded is excessive.
He also runs the risk, having purchased without the landlord's consent, of having his
claim entirely disallowed. If no sale is concluded, as very often happens, the disappointed
vendor generally in difficulties, and eager to realize, is obliged either to begin treating
again for a sale at the reduced value, or else to come to terms with the landlord
under disadvantageous circumstances. The discontent resulting from these proceedii^
will be found reflected in the evidence.

REPORT. 11

23.* Thus Mr. S. M'Elroy says, Q. 4522 : — Illustrationii fmi

" Very much evil has arisen with regard to the raising of rents at the change of tenancies Evidence.

The same principle holds good over the greater number of properties in the north of Ireland, and creates a

great deal of bad feeling,"

Mr. James Ferguson, of Silversprings, co. Antrim, says, Q. 4888 : —

" Are the rents raised before the sales 1 — Yes ; the parties are told that the rent will be increased, and then
when the farm is bought they add something to the rent. Q. The rents are creeping up 1 — Creeping \ip by
degrees."

Mr. Shillington says, Q. 4987 : —

" There are several circumstances taken advantage of by landlords to advance rents. On one of the estates

I have named it is an invariable custom, on a change of tenancy, to increase the rent

" Q. 4990. I do not know that the custom existed until the agitation took place in reference to the Land
•Act. I think about 1869 is the first instance I have. Q. You consider it was in connexion with the Land
Act, or the proceedings before the Land Act 1 — Yes."

Mr, Joseph Perry, formerly Secretary of the Down Tenant Farmers' Association,
says, Q. 6228 :-

" Where tenant-right cannot be denied, in several cases since the Land Act came in, where they cannot
prevent free sale they have adopted the plan of raising rent at the time of the transfer of a farm. .

" Q. 6232. Rents raised at the termination of a lease or on change of tenancy? — Yes; it is on change of
tenancy we complain of, and it is not on the termination of the lease — that, we think, is natural. We don't
object to it

" Q. 6240. At a regular fixed period I would rather have it, than at the time of a sale, because it destroys
the confidence of parties."

Mr. Joseph Beatty, of Keenan, Lurgan, says, Q. 7358 : —

" You say there is a general tendency on the part of landlords to increase the rent ?— I do. Q. To " nibble
it up " 1 — To nibble it up. Q. Is that done at stated intervals 1 — Generally at the fall of a lease or change of
tenancy. Q. If a lease was made a long time ago, say forty or fifty years ago, and that the land was let
iheap, do you think it would be wrong to raise the rent on the termination of the lease? — I^o; of course in
such a case as that it would be right to make a change. Q. You say the rent is increased on a change of
tenancy t — Yes ; if a man wished to sell his farm, and another man wants to buy it, and they go into the office
in order to get the jaurchaser accepted as the tenant, and his name put in the book, his rent is generally
increased. Q. Is it unjustly increased, in your opinion? — In very many cases it is ; in some cases it is not."

Mr. Joseph Laird, of Ballyclare, co. Antrim, says, Q. 8420 : —

" Is there any fixed rule as to the times when rent may be raised ? — No Hxed rule. Whenever you sell a
farm the rent' is raised, even if it had been raised two years before. Q. There is an increase of rent upon every
change of tenancy? — Yes; and in fixing the rent they never examine the subsoil or anything else; they just
say it is worth so much, and the tenant must submit. I believe the landlord shovild get the fair value of the
farm, deducting the improvements the tenants have made."

Mr. John Donnell, of Dunnamanagh, Strahane, co. Tyrone, says, Q. 10981; —

" Is it a fact that you have not heard of this rule of increasing rent on a sale of tenant-right being adopted
upon the estates until after the Land Act ? — Yes. Q. It was not adopted on the estates in your neighbourhood?
— Not in any part that I heard of."

Major James Hamilton, of Brownhall, Ballintra, co. Donegal, says, Q. 14742 : —

" But what they complain of is the introduction of the custom of a rise of rent on the change of tenancy ?
— That I understand has been the custom here about Donegal. I was going to try that at one time, because
when prices rise, a landlord has to rise his rent at some time or other. I thought it would be a good thing
to do it at the time of the sale, but I found land might be sold two or three times, and it was confusing, I had
to drop it. Q. Do you have periodical rises of rent 1 — On one part of my property it has not been raised since
1826. -Q. You think it destroys tenant-right ? — Well, I think a rise on sales might deter the purchaser."

Mr. Alexander Caruth, solicitor, Ballytnena, co. Antrim, says, Q. 34643 : —

" Is the practice of inoi-easing rent on change of tenancy a common practice ? — I should not say it is
common, but latterly it has grown more into practice than formerly. Q. Since the passing of the Land Act ?
Yes ; my attention has been more called to it. I never had occasion to think of it before."

* See also, among others: — Simpson, 3307, 3355, 3389; Knipe, 3642; Robinson, 5321, 5338;
Walker, 5381 ; Quinn, 5660, 5731, 5747, 5756; M'Geany, 5855; Swann, 6167; Gray, 6169; Perry, 6240,
6257 ; Gardner, 6301 ; Moore, 6343 ; Murray, 6374 ; M'Aleena, 6380 ; Beatty, 7366 ; Lennon, 7543, 755.'-:,
7602 ; M'Kean, 7908, 7929 ; Midholland, 8345, 8352 ; Wilson, 8433 ; M'Murtry, 8460 ; Wallace, 8555 ;
Alexander, 8853; M'Glinchy, 9116, 9129, 9148, 9156; Hanna, J. S., 9615 ; Flanagan, 9733 ; Browne,
9783,9928; Douglas, 10015 ; Dunne, 10035 ; Norris 10249,10253; Warnock, 10374; Rankin, 10504;
CaldweU, 10554; Coyle, 10593; Cole, 10670; Donnell, 10969; Loughrey, 11095; M'Kinley, 11686;
M'Kenna, 13780; Smollen, 14599 ; Gallagher, 14635; M'Gaharen, 14665 ; Kelly, 14695 ; Jackson, 14861 ;
Thomas, 14990; Moore, 15142; Clarke, 15685; Crean, 15791; Hunt, 4654 ; O'Sullivan, 24913 ; Caruth,
34637 ; Pringle, 36701 ; Smollen, 36811 ; Phelan, 37281 ; Gibson, 38838 ; Read, 38857.

0 2

12 IRISH LAND ACT COMMISSION, 1880.

The Act has con- 24 The question of rent thus raised appears to US to underlie evefy otlier. But, apart
ferred inadequate from increases of rent, it has been shown by the evidence that the insecurity of the
security on tenants pj-ggent system of tenure, though diminished by the Land Act, still operates, as it has
m respect of their f^^^^^i operated, to cause discontent. The Act has, indeed, been successful to some
of^tS"^^ extent in checking capricious and arbitrary evictions, by the imposition of a payment

in the nature of a fine. But it has, as has been shown already, introduced a new
element of insecurity, by intensifying the struggle in cases of dispute, and by obliging
all proceedings to begin with a notice to quit, to be followed by an ejectment and
loss of possession, even though the tenant might be successful*

Compensation for 25. We have further to report that the scale of limits imposed upon the amounts

disturbance under fecoverable, outside the Ulster custom, for disturbance, has been found inadequate.

•. 3, inadequata ^^ .^ .^ evidence that it has been found possible for a landlord to evict a tenant, to

pay him the full amount that could be awarded by the Court, and to recoup himself,

and put money in his pocket, by the incoming payment of a new tenant at the same

rent.

lUustrations from 26 A Robert Ferguson, esq., Q.c, County Court Judge for the West Riding of the
the Evidence. County of Cork, says, Q. 221 :—

" I think, with sufficient power to inflict a penal compensation where the case was unjust, I could have
prevented every unjust eviction ; but my powers were shorthanded altogether. Of course the compensation
for disturbance is a penal character to a certain extent, but it ought to have been double. My power to make
it really effective should have been double what it is, because in the cases where men were really anxiou!
to get possession the compensation for disturbance was insufficient. They were cases where the landlord wai
very much of the class of the tenantry, and was prepared, at any peril, to get up his land for the purpose of
possessing it himself, or giving it to some tenant who would pay him more than any compensation I could
give, and I have had very strong cases to that effect. One of them is worthy of note, but the landlord there
was a man of position, a gentleman resident out of the country, and he deliberately brought two evictions
of a very distressing character, with a full knowledge that I would give every penny of compensation I could
give, but, with the perfect knowledge also that he could get, on the same estate, a larger sum for the tenancy
than anything I could give. He put out one man and paid the compensation, receiving a larger sum from
another tenant whom he subsequently ejected from another farm, receiving a large fine for this farm also.
Q. That was two evictions on the same estate 1 — On the same estate ; by each of which he put into hin
pocket a considerable sum, more than I compelled him to pay ; the case is well known, Mr. Shaw knows it.
Q. That is the same holding evicted twice?— No, but two evictions on the same estate. One tenant covetous
of the farm of another said to the landlord, ' If you put that man out I will pay you so much,' he put him out,
I gave compensation, but he gained considerably by the eviction. When he went to deal with the man
whom he had put out he said to him, ' You need not have done that to me, I would have paid you as much
perhaps ; besides that man has two farms, the one he has himself is as valuable as the one he has taken from
me.' 'Do you say so,' he said, 'Would you pay the same for it?' He agreed to do so, and proceedings
were immediately taken by the landlord to get possession of this farm also.' "

The Rev. Charles Davis, p.p. of Baltimore, co. Cork, mentions a case, Q. 29684 ; — 1

" The County Judge pronounced the tenant to have been capriciously evicted, and gave him the full
compensation allowed by the Act of Parliament — namely, £90 ; but the landlord got the man who succeeded
him to double the rent and give £210 fine."

John Chute Neligan, esq., Q.c, County Court Judge for Meath, says, Q. 34875 : —

" In the ]..aper which you sent to us, you draw attention to one of the clauses of the Land Act, which in your
opinion works injuriously? — Yes — I refer to the fourth paragraph of the third section of the Act. I would
suggest the repeal of that clause. I have had cases before me, where I have been compelled to put the tenant
to his election and say, ' you must either reduce the number of years' rent you claim for disturbance, or I
cannot give you anything for your improvements.' I think that clause has worked hardly in several
instances. I would repeal it in toto. I see no reason whatever for it, and I have known it to work unjustly-
Q. Has not the tenant the power of election 1 — Yes, but still the result is to deprive him in some cases,
either of the compensation for improvements, or of a portion of the claim for disturbance, which I would have
given him. Q. Baron Dowse — I have known instances myself, where it worked hardly — I have seen it in
cases that came before the Land Court on appeal ? — Yes ; it ought, I thiak, to be repealed."

Arthur Hamill, esq., Q.C., County Court Judge for Sligo, says, Q. 4197; (compare Q.
4216) : —

" I am of opinion if the third clause, which is the disturbance clause, could be enlarged, it might be done
beneficially. I have taken the liberty of putting my view of this clause on paper. I think if the compensa-
tion for disturbance was increased to the extent often years of the annual rent, instead of the seven years, it
might be beneficial."

* De Moleyns, 15, 65; Allen, 1876; HamUl, 4225; Tute, 13986; O'Connor, 24489.

.^See aho, among o«/iers .•— Sweetman, 1126; Eobertson, 1436; O'Brien, 4052; Mahon, 21159; Bolster,
21(61; Herbert, 22776; Fitzgerald, 22277 ; O'Connor, M., 24497; Moyniban, 24620; O'Sullivan, 24928;
r. °" o' ^^^^^' Eiordan, 26751; Cronin, 29383; Murphy, 29404; O'HaUoran, 31549; Bowling, 34456,
34469 ; SmoUen, 36901 ; Maher, 37209 ; M'Govem, 37238. > > 6>

REPORT.

13

27. It has also appeared that landlords have ejected tenants holding under the Compensation for
Ulster custom, have paid them the amount awarded for their tenant-right, and have I^Xq^te
relet the lands at a profit.

28.* Thus, Mr. John Wallace, of Alta Hammond, Carrlckfergus, co. Antrim, says, l^^^^^i^^^'''''^
q, 8527 :—

"Mr Biggar's father purchased a portion, and he and Mr. Raphael made the greatest rise m the rents.
Q Mr. Biggar's father ?-Yes, he is now dead. Q. Did they raise the rents, when they bought, on the tenants
then in occupation t-Mr. Biggar did not raise them for some Uttle time, but I think he did so for this reason,
that he told me himself he would not settle what the rent would be till it was ^^'^"^'^ J^^J JJVrTtHL S
land question would be. Then afterwards he fixed the rent, when he knew the new law. The first thing he
did was: there was a widow who said it was impossible that she could pay the rent he had P«* °°, ^e gave
Z notice of ejectment. That was one of the first cases tried in this country. Q. Mr SHAW-Wha^^^was the
result of it^ishe obtained £400 on a farm of forty acres. Q. And she was put ^^JJ-^^^^^f • , X
O'CONOR DON-What did he do with the land]-He got a person to take it at the £400, and raised the
' rent; and it is now £2 10s. an acre, I thiak.

^ 29. The feeling of insecurity has operated to check the process of improvement J^^^f^^^^^^;
of the soil The restrictions which the Act imposes on compensatioii tor improvements .g^^rity on tenants
have prevented the tenants outside the Ulster tenant-right from receivmg a fair equiva- ^^ compensation
lent ?or the results of their industry. These restrictions bar compensation for for their improve-
improvements other than permanent buildings and reclamation of waste lands, if made ments
before the passing of the Act and twenty years before the claim for compensation. ^- ^ W
=Thev allow the right to compensation to be barred by express contract, it the «. 12, 4, la^t para.
;improvement is such as would appear to the Court to be ca,lculated to dimmish the g^aphbutone.
^general value of the landlord's estate, and, in all cases, if the value of the holding .4(32-
Is not less than £50 a year. They bar it, with certain exceptions m the absence of s. ,
^express contract, on the termination of leases, if such leases should have existed for
^thkty-one years before the claim. Still more important is the direction to the
Court to take into consideration the time during which the tenant ™Y/^''\^TI!;
the advantage of his improvement and the rent at which he has held his holding,
w^?h a 4w to the reduction of his claim. Claims for improvement arising from Battersby.Dam-
the proper cultivation of the soil in the course, of husbandry have b-n hdd ^t^^^^ LTl j! Isz"":
excluded from the benefits of the section. Most injurious of all has been the result oi
•decSonsas to the construction to be placed on the words "Made by himself or his
'predecessors in title," which have been interpreted to exclude from benefit a,ll tenants parragh^. Mur-
Cse continuity of possession and title has been broken by any change m their legal dock DonnelVs
Wncy since the improvements were made. This has opened many easy ways to Irish Land Act.
ivade the section altogether. A tenant remaining m possession after the eWtion '^^^^^
Sn lease, so soon as he has paid rent, becomes, m law, a tenant from year to year D„^,n's R., 175.
inder such terms of the lease as are applicable to that species of tenancy. If a n
Intr^stve^a notice to quit and then o^Tits expiration arranges with h.^t^^^^^^^ for MdW.Hardy,
mv change in the rent, a new tenancy may be created. If farms are re-arranged^ Dy .^ ^^^^

khJ transfer of a portion of the farm from one tenant to another, and a re-arrangement ^^^^^^ j^ 527.
mrHpa7 to the rent or if a change is made in the rent merely, it is considered by Nolan and Kane,
Tome County Court Judges that aLw tenancy is created In all these cases the claim ;;THeStatu^e W
TfThetenaSfor compensation is now considered to be barred ev hough he ^^^^ 1^ ..^ ^- ^^ '""
/kimself have continued throughout in possession. In the result,t the Land Act seems ^ '^
Ss first passing to have stimulated tenants, especially m Ulster, to improve while

jaffairs of the country.

30.t Thus Mr. Eobert Ferguson says, Q. 257 :— .,.,.». ^ Illustrations from

.* „ . X j.1,^ A „+ 4= mnrp nprfect but Still defective. I have felt hampered the hjvidence.

■ ' i . & .&., am^ .fc».-M-Elr,y, 4565 ; L.ird, 8411 ; Morrison, 10470 ; M,ek, 12293 ; J„to., 14910 ;

a^.,A: Joyce, 21071; C-osbie 26224 ;^toWk 30958 "^Jj 37\8» ^^^

_M,rpbr,2789; Ke y. 3691 : ^"'7;,f ,"' t^b W636 O'FlLrt,, 21890 ; Frost. 23313; O'Sull™-
-15S;o%t5w"50il"ffi4;*"ii«E2507rw.™, 254^6; K™,, 26100; D.,g«., 28891 ;
Dowling, 34490 ; Tracey, 36302.

14

IRISH LAND ACT COMMISSION, 1880.

Illustrations from
the Evidence.

landlord such as a new lease or a new tenancy created, the result of which was, perhaps, without the attention
of either party being called to it, the result of that new agreement, beneficial apparently to the tenant,
giviii.'- him a continuance of his title, was actually, in my view of the law, the destruction of all his claim for
improvements. And that should be remedied by an enactment that no new tenancy created between the gamft
parties should destroy the right of the tenant to compensation for his improvements in the absence of an
express contract between them to that efi'ect. Very hard cases have occurred where unconsciously the new
tenancy was created, and I have had to refuse compensation for improvements made before the new tenancy.
Q. 296. Referring to section 4 of the Land Act, do the cases of exception, in your opinion, work well?-!
consider the exceptions are too numerous. I think the briefer legislation is upon such subjects the better, For
instance, the exception of tenants holding under leases made before the passing of the Act is, I thint,,
inadvisable. I think a tenant holding under a lease made before the Act ought to be in the same poBilion
as one who holds under a lease made after the Act. I think the right to compensation for disturbance oi^ht
to go further, and that it ought to exist independently of the length of the term — subject of course to the
discretion of the Judge. I do not see why, if, at the termination of a thirty-one years' lease compensation i&
to be given for disturbance, it should riot be given at the termination of a lease for a longer period. The
same harslmess would arise in the one case as in the other. I donot see why the judge should be deprived of
the power of giving compensation in a case requiring it in point of justice. I think the limitations and
exceptions are too numerous and without sufficient cause. Q. The reason for excepting the holder under a lease
for so long a nimiber of years, was, of course, that it was presumed he would have been sufficiently compensated
during his long occupation for any improvements he had made "i — Well, those are theories which I never find
justified in practice. I think the only justice in those cases would be the discretion of the judge. I think
these are troublesome limitations and too much in the landlord's interest."

John La Touche, Esq., says : —

" Q. 885. Are there any special jDoints in the Act as to which you are prepared to give some information ix>
the Commissioners with a view to improve the relation between landlord and tenant in Ireland ? — As far as my
knowledge goes it works extremely well, but I should be myself inclined to extend the provisions- of the Act
so as to apply not only to tenants-at-will but to tenants having leases, and I should provide full compensation
to tenants for the improvements they have made on their farms on leaving their holdings, whether voluntaiily
or not. Q. Is not that the present law ? — I rather think not. Q. Are not tenants entitled to compensation for
improvements no matter how they leave their farms t — Not all tenants. Tenants holding uj> to a certain
valuation are — not tenants holdiiig under a long lease. T would extend to all tenants the advantages and
privileges of the provisions of that Act. I know some cases myself where if the landlord had not been very
kind indeed improvements made by the tenants would certainly have been sacrificed. Q. That is probably in
the case of leases made before the passing of the Land Act t — It is.''

Professor Baldwin, of Glasnevin Model Farm, says, Q. 32333 : —

" After the first year of the Land Act there was a far greater amount of work done by the tenant than had
been done in the preceding six years. But the people were made to expect — they did not understand the
Land Act — in a general way they got the opinion it was a good thing, and they had security ; but when
a number of cases came up to be tested in the Courts, the amounts awarded in compensation for improvements!
fell so immensely short of the expectations of the people that it practically killed all improvements, and
there has been little done since

" Q. 32335. The O'Conoe Don. — Do you think the Court awarded less than the improvements? — I do. ^
Q. Have any cases of that kind come under your notice ?— Yes ; and it appears to me that Act almost left
very little option to the County Court Judge. Q. Baron Dowse. — The Act directed the County Court Jiulge
to take into account the length of time the tenant had enjoyed the impro's-ements ? — Exactly 1

" Q. 32340. You think if a property was rented very low, that ought not to have any effect in the compen-
sation the tenant would derive from improvements ■?- -Certainly not. I contend if a tenant really lifted the
stones, as I saw them lifted on that veiy estate' of Lord Dillon's — I actually saw the 'stones lifted from a field,
I thought it was a graveyard — and a poor man named Campbell had made an outlay there that a landlord
would have had to pay £30 an acre for. Lord Powerscourt took it into his head to reclaim a little field near
Glencree, to see what it would cost him. He reclaimed fuur acres, and it cost him £30 an acre. Your
lordship's predecessor reclaimed fields on the Garryhill estate, and it will cost almost the same — not quite
as much. Now, these improvements, When there is a ])ermaneut change in the land — the land no linger
is what it was originally — aud for that lasting change I cimsider the tenant is just as much entitled 1»
compensation as the landlord."

31. We desire so far as jjossible to keep the discussion of the rights of the case *
the Irish tenantry separate from any considerations arising out of the present condition
of Irish politics and society. The agitation on the land question has not hindered
us, in any respect, from obtaining evidence, and will be found to have exercised,
upon the character of the evidence :tendered to us, less influence than might have
been expected. Nevertheless it is impossible to ignore circumstances which so.
largely increase our responsibility in offering, as it is our duty to do, recommendations
for legislation now to be undertaken. Tenants have been advised to withhold their !
rent, or to pay no rent beyond a certain standard, until a measure shall have been j
passed, the outlines of which have never been accurately defined. ;

- I
Not a reason for 32. We regard the present condition of affairs as a symptom of deep seatedj
refosmgtolegis- disorder in the body politic; and we are not blind to the difficulties of legislating for
^^ removal of grievances, at a time when many of those who complain of the©
have behaved in a manner calculated to dishearten the friends of good government.
If we are right in maintaining that grievances exist, for which the present law provides
no remedy, justice requires "that a remedy should be provided, whatever may h^re

The movement
ajjainst rent.

j_

REPORT. 15

been the conduct of individuals, and however widely the example set by them may
have been followed. We are not careful to answer the objection that legislation
under these circumstances is legislation under the influence of panic. It is to the
refusal of justice, through dread of consequences, that the imputation of panic appears
more appropriate. It may be said that, at a time when a part of the community are
making demands beyond what is just and reasonable, to give them what is just will
never satisfy them, and will only encourage them to continue agitating for more.
This_ might have weight, if the legislature and the discontented section of the com-
munity could be regarded as two high contracting parties, and .if the concession of
justice on the one hand could be considered as the price for a cessation of agitation on
the other. Such views are evidently subversive of the first principles of order. Let
right be done, Avithout regard to any considerations, save those which belong to the
matter in debate. What should be done if, after all just grievance is removed,
discontent continues, and something more is asked than justice, is not hard to say.
The experience of legislation in a free community seems to prove that no such
consummation is to be apprehended. It is far more frequently found that even an
incomplete measure of justice will succeed, for a time, in stilling the most violent
agitation.

33. The gravity of the present occasion does indeed require that the remedy Moderate tone of
now to be proposed, for an admitted grievance, should be complete. We wish to place the evidence given
on record our decided opinion that unless the measure is a full and exhaustive Bdater^21829^-'^'
one, going to the root of the whole matter, and settling it permanently, it would be Leahy, 27219. '
better not to inteifere Avith the question at all. We are able to point to evidence
that a complete measure of justice, though it may not be nearly all that is
demanded by the more extreme, will bear along with it a more than usually good
promise of acceptance. Nothing is more noticeable, in the immense mass of
evidence we have taken, than the general moderation of the tone of those who feel
themselves aggrieved by the existing law, and the almost complete absence of demands
for measures of confiscation, and of proposals tending to create antipathy between
>class and class. It may be said that the present state of popular excitement is
not accurately reflected by such evidence. This may be true, for the moment ; but
the deeper feeling, the truer utterance of the tenant-farmers in all parts of Ireland will be
found, we are convinced, in their own deliberate statements, made in answer to an
impartial inquiry, with a view to their being placed on record, and for the express
purpose of influencing legislation. If by the general consent of such men, selected in a
variety of ways, some on their personal application, some as representatives of associa-
tions, some of localities, or as delegates of meetings convened for the purpose, some
sought out and summoned by ourselves with no object but to obtain the fullest
representation of their views, the tenant>farmers of Ireland declare that they do
not desire the expropriation of landlords, or the confiscation for their own benefit of
the property of others, but that they do desire to cultivate their farms in security, and
tp receive the full profits of their industry, while rendering a fair rent for the land
they occupy to those whose means have been invested in it, we cannot consent to set
aside such testimony for less calm, less representative and less responsible utterances.

34.'^^ Mr. John Everitt, of the Drogheda Board of Guardians, says, Q. 2628 : — Illustrations ftom

" If that is done, and the tenant holds the land and is allowed to sell it, and cannot be turned out as long as ^^^ Jividence.

he pays the rent, you think ? — That would settle Ireland, there would be no more about anything. It

wiU settle the whole country. I suppose I spoke to a hundred tenants since I was speaking to Mr.
Donnell, every man said they would be satisfied with that. Q. What do you think of buying landlords
out and out with thi-ee hundred millions of money % — Oh, nonsense. I would be sorry they would leave the
country. In the first place those three gentlemen I have mentioned, they give a tone to society in the country.
Q. And there would be nobody left to grumble at if the times were bad ? — Exactly. I could not get a
man to give evidence here for me only three resident landlords. I could not get any tenant farmer to come
forward like a man until these gentlemen came forward."

So Mr. James Ferguson., of Silversprings, Doagh, co. Antrim, Q. 4875 : —

"The tenantrv should get a right to purchase their holdings if the estate comes into the market, and the
Government should assist them, and then we would have peace. Q. You would not compel a landlord to sell ? —
I would not. Q. A gentleman who was examined to day said that the tenants should have a right to compel
their landlord to sell whether he liked it or not ? — That was nonsense."

* See also, among others: — Robertson, 1457; Coleman, 2391; Murphy, 2812; Fenlon, 3777; M'Elroy,
4513; Shillington, 5092, 5108, 5163; Wilson, 8453; Rankin, 10529; Caldwell, 10664; Bolster, 21706;
Sferkey, 22613, 22637 ; Hogan, 23784 ; O'Sullivan, 24953 ; Walpole, 26067, 26082 ; Bennett, 28428 ;
Roche, 34294; Bowling, 34492, 34551 ; Smollen, 36883; Magher, 37220.

IG

IRISH LAND ACT COMMISSION, 1880.

Illustrations from
the Evidence.

Mr. Henry M'Kean, of Benburb, co. Tyrone, says, Q. 7981 : —

" You are of opinion that the landlord has a right to seek a rise of rent if he thinks the land is too

low ? -Yes. Q. And the tenant to seek a reduction if he thinks that it is set too high 1 — Certainly. Q, If

that system were established, do you not think there would be in the country a great deal of excitement and
re-valuing ?— There might be, but I have been working amongst tenant farmers for some years, and have
been iatimately acquainted with them, and it is only in exceptional cases that I have heard a man say that
he would not j)ay a fair rent."

Mr. William Heron, Valuator and Tenant Farmer, of Doonamurray, Collooney, co.
Sligo, says, Q. 1407 4;—

" I know an estate on which the tenants acted very fair. The landlord sent a valuator, and they would not
agree to that, and they named me. The landlord said, I will take him too, and I had the difficulty of acting.
for both, and I satisfied all the tenants except one. Q. Sometimes people won't be satisfied? — The land
was, most of it, naturally good. They said, _ ' The land God Almighty made good we will pay the value of,-
but the land we made good we will pay accordingly for,' and if you take that into account, you generally please
them."

Mr. James Daly, of Castlebar, co. Mayo, says, Q. 17669 : —

"If there was a bill passed giving perfect security and arranging the valuation between landlord and tenant^
allowing the tenant to sell his interest whenever he likes, with provision for the creation of a peasant proi
prietorship, would that meet the case 1 — Yes, that would do. If you give facilities to create peasant proprietor*
you woi'ld make the peasants more conservative than the Conservatives. I am a Land Leaguer myself, and I
would not be a Land Leaguer if it had anything behind it like revolution. I would fight against it. Q. Yon
don't want to do anything of that kind, but you want to improve the country you are in ? — Yes. I believe-
the people are misrepresented, and I very often saw myself misrepresented. Instead of bettering me it would
make me more disloyal ; they arrested me and brought me down to Sligo, and instead of retarding me in the
work it made me a spoiled child."

Mr. James Kilmartin, of Loughrea, co. Galway, says, Q. 20958 : —

"Have you turned yotir attention to the promoting of peasant proprietorship? — I think that would h»
very desirable, but I don't think the Government would be able to pass a measure expropriating the landlords,
Mr. Gladstone would not have the power, T believe, to do it. Q. Do you think Mr. Pamell could do it!--
Not at all. Q. Would you not think that buying out all the landlords of Ireland and letting to the tenants
would be beneficial ? — I think it would be beneficial. Q. But not practicable 1 — No ; but with absent land-
lords it might. I believe that peasant proprietary is the basis of a fair settlement of the land question, but I
don't believe that in the present state of parties it is possible. Q. But wherever you find an industrious tenant,
and the landlord willing to sell, you would oiTer every facility ? — I would. Q. Gradually that would spread
over the whole country, and become a national institution in course of time ? — ^Yes. Q. But would you not
turn out the landlords without their own consent ? — I would not think it fair. Q. Nor without giving them
compensation 1 — That would be the amount of the purchase-money. Q. You would not take anything from
them 1 — I would not. Q. And you think the tenant should pay a fair rent for his holding ? — That is the

extent of the whole question If the Ulster custom were defined in this way, and extended

in this way to all parts of Ireland, it would be easy to settle the land question.

" Q. 20969. "Would it satisfy the people, do you think? — I think it would From my knowledge

of the people and of these agitators, no one asks for the land for nothing. They distinguish between
what is right and what is wrong, and want only what is fair, I think."

Mr. William Bolster, ex-president of the Limerick, Clare, and Tipperary Farmers'
Club, says, Q. 21833 : —

" I think it would be a wise thing for the landlords to settle the land question, for I find every year it becomes
worse. When I first became president of the Farmers' Club, I think before we had Mr. Butt in Limerick, our
idea was a thirty-one years' lease ; that is sixteen years ago. We crept from that to a sixty-one years' lease.
Then Mr. Butt came in, and it was the three F's, and we forgot these two things which we thought at one
time would be satisfactory, and now we believe we must sweep the landlords away altogether; and I believe
really that if the question is not settled soon, I don't know where it will end. Q. Baron Dowse.— That
is a dangerous doctrine, for if it was settled you might still keep creeping on? — No; these three F's would
satisfy us. Q. Mr. Shaw. — You only state this as showing the wisdom of settling the question at once?— Yes."

Mr. Thomas O'Rourke, of Tralee, says, Q. 25080 :—

"I would prefer a peasant proprietary, if it could be established without sending the landlords out of the
country. I believe the landlords of the country should be treated justly. I would not confiscate a single-
pennyworth of property from them; but, at the same time, I would wish to see the tenants rooted on the soil,"

And by land
owners.

35. We desire to call attention, in this connexion, to the tone of similar moderatioB|
which pervades the great bulk of the evidence tendered on the side of landowners. It
is a hopeful sign ot the success which awaits a measure of well-considered reform,
when the moderate men on either side are found coming forward to express their
willingness to support it. Many of the landlords and agents who have appeared,
before us have given us abundant evidence of their desire to see this question settled
by meeting the tenants half way ; although by so doing they should concede much
that has hitherto been held to be their indisputable right. Under these good auspices,
though the task is arduous, there seems no reason for considering it impossible.

REPORT. 17

36.* Thus Alexander Kirkpatrick, Esq., Coolmine House, Clonsilla, Agent to Lord Illustrations from
ortarlmgton, Q. 3bi)0 : — the Evidence.

"You would be in favour of giving tenants perfect security in their holdings?— I would, indeed. Q. Yoii
ould not turn them out except for just cause, except, say, for non-payment of rent or dilapidating their
)ldmgs in some way 1— No. Q. You would allow them to sell freely?— I would. Q. And you think that
ould be m favour of the landlord in the long run ?— I do. I have not known, but I have heard of what
ippened long before my time; that in former times to show that the landlord had full power over his
inants ; he would shift them about like pieces on a chess-board for his own whim, to show them that he had
lem in his power. I think that could not possibly be done now."

Frederick Wrench, Esq., Brookeborough, Agent for Sir Victor Brooke, Lords Kath-
onnell and Lanesborough, &c. ; Q. 5600 : —

" If there was a Government valuation made, the valuation might stand, I think, for a period of twenty-
ae or perhaps thirty-one years. Q. That is, a valuation for purposes of rent] — Yes. I cannot see how it is
) be better arranged than by a Government valuation being made, such valuation to stand for a fixed period
F say twenty-one or thirty-one years, which would give the tenant a feeling of security. And I think it
ould be right and just to extend a defined Ulster custom all over Ireland, giving the landlord a right of
jlecting his tenant, or a right of pre-emption at the price ofi'ered, hand fide, by a solvent tenant, and reserving
) the landlord, in districts where the Ulster custom has not previously been in force, a right to be paid
at of the purchase-money the fair value of any improvements made by him and in existence at the time of
18 sale, or the right to put a per-centage on the amount of the value of the improvements in the shape of
n increased rent when the custom is introduced on the estate. Q. You see no reason why that should not
xtend to the whole of Ireland 1 — No, and I believe the landlord would find it advantageous as well as the
enant."

Mark Seton Synnot, Esq., of Ballymoyer, Newtownhamilton, Q. 7266 : —

" If you could get a tribunal of practical judicious men, would it not be satisfactory? — It would be very
esirable. Q. If the amount of the rent was settled in that way, the tenant to be allowed to remain as long
s he paid the rent, and to be allowed to sell his interest in the way you mention, do you think it would be
itisfactory ? — Yes, I think it would. Landlords, as a rule, don't want to evict tenants, except in an extreme
ase where he owes several years rent or something of that sort. Q. The O'Conor Don. — Do you mean that
, tenant should have the right of permanent occupancy so long as he paid his rent 1 — Practically it is so now —
hey remain as long as they like, and are never disturbed, as long as they pay the rent. Q. Would you
onsider it advisable that the law should give them a right to remain in occupation, even if the landlord
ranted the land for himself ? — I think it would be a hard thing if a man wanted his own land, that he should
lot get it, but he certainly should give the tenant compensation for it. Such cases are unknown, I may tell
TOU, in our part of the country."

Colonel E. E,. King-Harman, Rockingham, Co. Roscommon, Q. 141 89; —

'■ Have you considered the question of a Government court of arbitration 1 — I have. Q. You introduced a
rill into the House of Commons in 1878 on the subject? — Yes, for settling rents. Q. What was the measure ?
—Providing a Government land judge whenever it was required in cases <jf dispute, the tenant to chose one
irbitrator, and the landlord another, and if they did not agree, the Government land judge to be called in,
he party against whom the decision was to pay the costs. Q. So it would not be a general revaluation,
)ut only whenever the Government arbitrator was called in? — Whenever a dispute arose. Q. Would you
ixtend that to every class of tenancy? — I don't see why it should not be. Q. It would be a good thing for
he landlords, and prevent many disputes and cases of ill-feeling, for it would be known the rent had been
ixed by an impartial person 1 — I think the provision to make the parson against whom the award was given
lay the costs, would stop a good deal of litigation. Q. Would you deprive the landlord of all capability of ever
esumiug possession of his land if he had it once let? — Practically I think that is the case now. Q. Wo-.dd
ou applv this to every description of tenancy in the country — there are many cases in which the landlord
.as let the land for temporary purposes, and perhaps to a non-resident tenant ? — T would apply it to all cases
hat came under the Act of 1870, all agricultural holdings, of course I exclude demesnes and townparks.
J. But in all agricultural holdings you would give the present occupiers perpetuity ? — It would practically
mount to that. Q. You consider they have that on good estates ? — Yes. Q. You don't mean there is to b-;
ne final settlement of rent for ever 1 — No. I think the rents should go up and down the same as any other
ommodity. Q. Periodically and not fitfully ? — Yes."

Burton Persse, Esq., Moyode Castle, Athenry, Co. Gal way, Q. 18932: —

" Supposing that any disputes took place between you and your tenants as to rent, would you have any
bjection to any tribunal to settle them? — I would be very glad if there was such. Q. And one that would
itisfy both landlord and tenant ? — Yes. Q. If the law said you were not to turn out the tenailt if he paid
lie rent, you would be satisfied ? — I would not turn him out. Q. Practically, they have fixity of tenure with
ou? — Quite so."

Colonel C. G. Tottenha n, of Ballycuny, Ashford, Co. Wicklow, Q. 40278 :—

" What would be your opinion of the extension of fixity of tenure — would you be opposed to it? — I should
ot be oppo.sed to fixity of tenure, but I should be opposed to free sale. Q. How about fair rents in case of

* See also O'Brien, E. W., 3913, 4001, 4086; Bru.sh, 6675, 6694, 6709; Winder, 6798, 6837, 6.vJ7
878; Waring, 6977; Murphy, E., 10123, 10129, 10194; Scott, James, 15950; Knox, 17047; Gore, ITuG J ■
Hake, 18830; Halliday, 19640; Hunt, 21574; Delmege, 23473; Crosbie, 26239; Leahy, 27191; Campi.vi,'
9621; Fitzgerald, 29541, 29551; Barrett, 30558; Ardagh, 31430; Roberts, 33563; Ventry, S.'ii U ;
I'Demiot, 35183; Browne, 35201; Vernon, 35258, 35287, 35319, 35327, 35348; Keane, 35763, 35792
lifford, 36464; Tener, 36628; Deane, 37355; Healy, 37399; Bole, 38110; D'Arcy, 38917; Curling, 3'J3si; ■
louglas, 39466 ; Adamson, 39650 ; Greer, 39950 ; King, 40346.

D

18

IRISH LAND ACT COMMISSION, 1880.

■TlHictrations from disputes-would you be opposed to arbitration ?-I sliouldlike to see a general revaluation at a gross ' value, but
.imiOTrauons nom ^ ^^^,^ ^^^^^ ^^^ ^^^^^ ^^^^ arbitration— I don't see liow you can compel the landlord to let his land. Q.
the Jividence. ^^^ ^^^^^ ^^^ trammel the landlord'? power of letting the land in any way ^— I think the landlord's power of let-

ting or not letting the land should'be left untouched. Q: Mr. Shaw.— Toti would keep the power of fixing any
rent he pleased?— "i^es, but there should 4)6 « recognised standard. -Q. Of rent ''—Yds. Q. How would that
be ?— By general valuation. Q. Mr. KAVAifAGH.r— You don't consider that by making fixity of tenure Hegal
the landlord would lose any right ?—Undoukedly he would. Q. Any valuable right?— I think the landlotd
ought to be prepared to sacrifice whatever right lie has in that for the good of the country."

Security against
disturbance by
extension of s. 3.

Security for im-
provements by
extension of s. 4.

' lY. Whether It is siificient to preserve the lines and amend the details ' ;

of the Land Act of 1^70.

37. A thorouo-h and very general change in the system of land tenure seems impera-
tively required ; . such, a change as shall bring home to the tenants a sense of security,
shall guard them against undue increases of rent, shall render them no longer liahle to
the apprehension of arbitrary disturbance, and shall give them full security for their
improvements. It is natural first to consider whether this -change can be eifected by
any modification of the Land Act of 1870, which, without varying its principle,
shall supplement its deficiencies. The principle of the Land Act is, as we have
stated, to increase the security of the tenant's interest in his holding by_ indiirect
means, while refusing him the direct protection which belongs to a proprietary right; ' ft
would probably be necessary, first, to abolish the limits of compensation for disturbance,
for holdings not under the Ulster custom, and to remove exceptions from its operation,
with a view to make arbitrary eviction so expensive, as to confer upon the tenant a
security practically equivalent to fixity of tenure. If the scale of compensatioa-? be
not made prohibitory, it will be of little use ; whilst if it be so, the landlord will be
left with but the shadow of the right which it is intended he should retain. It is a
question if this could be effected without placing landlords at an unfair disadvantage in
the legitimate exercise of their rights. On the side of the tenant, too, it would still be
necessary for him to go out of his holding first, and trust to the chances of a lawsuit
to recover what would now be, perhaps, more than the value of his interest in it.^
The same arguments apply to an attempt, by the removal of the present restrictions,!
to give the tenant full securitj^, by indirect means, for the undisturbed enjoyment of the
benefit of his improvements. In short, the plan of giving only indirect protection to a
valuable interest would result, if it - were extended till it became effectual, in doing
equal injustice to both sides.

Security against
increase of rent by
extension of s. 18 ;

By extension of
s. 9.

One Land La\', for
Ireland desiraWp.

38. In order to give security on the indirect principle against; undue increase of rent,
whether as absorbing the value of a tenant's improvements, or that of his general
interest in his holding, it would be probably necessary to make it compulsory on the
landlord, instead of optional as at present, except in special cases, to offer to a disturbed
tenant "reasonable terms"; and by giving a penal sum for compensation, wb^re the
landlord is found to have unreasonably omitted to offer such terms, or where the terms
offered are themselves judged to be unreasonable, a jurisdiction might be secured to the
court to give an indirect protection suitable to the case. Here, however, as before, the
landlord who was only claiming his rights would be placed at an unfair disadvantage ;
and a tenant would remain subject as at present to the disadvantage of which he most
grievously complains, namely, that before he can make up his mind to go out of his
holding with a view to compensation, a system of gradual rent raising will by degrees^
have " eaten up" a great part of the value of his interest. A remedy which should;
proceed by way of extension of the other provision in vv^hich rent is mentioned^ that
which provides that ejectment for non-payment of rent may be disturbance if the rent
is deemed exorbitant, is open to still graver objections. In order to avail himself of
this provision the tenant must cause the landlord to eject him by non-payment of his
rent. If disturbance by the landlord is an objectionable way of raising the question
whether the rent is fair, a refusal to pay rent with a view to provoking such
disturbance is at least doubly objectionable. To invite a tenant to withhold his rent,
and a landlord to serve an unnecessary ejectment, by way of setting the court in
motion which is to appease their differences, does not appear, in the present state
of Ireland, a hopeful way of promoting harmony.

39. In so far as the principle of the Land Act was to give protection by indirect
means alone to the tenant's interest in his holding, we do not think it advisable to
proceed by way of amendment and extension of its provisions. In so far as it consisted
in a recognition of the actual condition of things, and in an amendment of the land law
with the least possible disturbance of existing relations, we are inclined to regard H

REPORT. 19

with favour. But in one respect this recognition appears to have been mistaken, and ' " - 0

to haveintroduced into the law an unnecessary variety. The relations of landlord and ' '

tenant in Ulster differed from those in the rest of Ireland rather in degree than in
kmd. Ihe interest of the tenant in his holding outside the limits of the Ulster custom
Avas analogous, though not equivalent, to an Ulster tenant-right. By legalizing the
custom of Ulster as it stood, and partially recognizing a less perfect tenant-right else-
where, a difference was established vvhich has no sufficient justification. The Ulster
custom as legalized has now proved insufficient ; and the points at which it has broken
down are the same as those at which the law for the rest of Ireland has broken down
also. It seems desirable that in future the same land law should prevail throughout
Ireland, and that the yearly tenant, in every part of the kingdom, should possess the
same rights, and be subject to the same obligations. But we do not propose to effect
this -nnity of system by means of any plan which can be legitimately described as
extending the Ulster custom to the rest of Ireland. Some points indeed in the Ulster Extension of
custom appear worthy of wider application. ]3ut these are not peculiar to Ulster. The Ulster custom not
scheme of the Ulster sections of the Land Act, whereby an attempt was made to give approved,
the custom as it existed a fair trial, Avithout limitation or even definition of it, but
leaving ifr to be established by evidence in court, is inconsistent with the extension of
these sections, or anything resembling them, to counties Avhere no general custom
exists. To enact for all Ireland the Ulster custom in its most prevalent form; as
stated by the best authorities, and embodied in the decisions of the courts during the
la^ ten years, would be indeed possible, but absurd. As it stands it has failed, even
in' its native soil. If it were enacted in an amended form, it would no longer be, even
in name, the Ulster custom. The question requires to be considered independently.

y. Proposals for Legislation.

40. The principle which we adopt as a guide is that partially embodied in the Land A new tenure,

Act, of giving legal recognition to the existing state of things. It appears to us that '^'^^^ continuous

the conditions under which land has been held by yearly tenants in Ireland have been ^'^'^'^V^^^Jj^^ * ''
, , , . , ^ , • 1 •'• 1 , , , • settling or rent by

such, that the occupiers have, as a general rule, acquired rights to continuous occupancy impartial autto-

which; in the interest of the community, it is desirable legally to recognize. We think rity in cases of

the farmer should no longer be liable at law to the displacement of his interest in his disputes.

holding, either directly by ejectment, or indirectly by the raising of his rent, at the ^^'^f'^^t'^' ^ '

discretion of 'the landlord. The landlord's right to eject should, we think, be limited 3390 ■ O'Bnen

to certain stated cases ; and some way should be provided for the determination of the 3914; Hunt,

fair amount of rent to be paid in cases of dispute. The legal effect of these changes 21574; Roclie,

may be described as amounting to the enlargement of the tenancy from year to year o^^oa! r /If^^'

into a new kind of statutory tenure, defeasible only upon decree of the Land Court, for 32571 • Han^^

the breach of certain well ascertained conditions, and held subject to the payment of a 33429; Bagwell,'

rent, -the amount of which should in the last resort be fixed, neither by the landlord nor 34430 ; Curling,

by the tenant, but by constituted authority. 39386 ; Bruen,

J ' J J 40296.

41. To these two concessions, commonly spoken of under the names of Fixity of Fixity of Tenure,
tenure and Fair rents, that of a right of Free sale has usually been appended. This Fair Rents, and
also, on the same principle of recognizing the existing condition of things, we think it "^^®® ^^^®'
expedient to establish. In a word, so far as concerns yearly holdings within the Land

Act of 1870, we advocate the reform of the Land Law of Ireland upon the basis known
as " The Three F's," i.e. Fixity of Tenure, Fiiir Rents, and Free Sale. Each of these
heads requires some observations.

42. The conditions of the new Tenure should, we think, be these. Subdivision or Fixity of Tenure.
subletting, without the landlord's consent in writing, persistent waste, that is to say

the dilapidation of buildings and the systematic deterioration of the soil, when persisted
in after a notice in writing from the landlord to desist, conviction for any serious
criminal offence, and the Acts enumerated in section 14 of the Land Act, "per-
sisting in the exercise of any right not necessary to the due cultivation of the tenants'
holding, and from which he is debarred by express or implied agreement with the
landlord, unreasonably refusing to allow the landlord to enter for purposes of mining or
taking minerals, quarrying or taking stone, &c., cutting or taking timber or turf, openino-
or making roads, drains, and watercourses, viewing the state of the holding, hunting,
shooting, fishing, and taking game or fish," should authorize the landlord to serve a
notice to quit for the breach of these conditions, or entitle him to compel the tenant
by a decree of the Land Court to sell his holding. If the law of ejectment is retained,
the landlord should be entitled to maintain an ejectment after two years' rent is

D 2

20

IRISH LAND ACT COMMISSION, 18S0.

Liinn, 6562 ;
alliday, 19648 :
mer, 36550.

eadjustment of
e time allowed
r redemption.

Iternative pro-
sed, to substi-
te an action for
cree of sale for
oceedings in
sctment.
nox, 17061 ;
Arcy, 38906 ;
iamson, 39645.

le Landlord
mid be entitled
arrears of rent
t of the proceeds
sale.

irkpatrick,
'65, 3874;
Brien, 4018 ;
amill, 4274,
!99; Forde,
i85.

due ; and the tenant should be entitled to sell his holding up to the expiration of
the time allowed for redemption.

43. The present period of six months allowed for redemption, should be reckoned
before, instead of after the actual eviction ; thus practically respiting the execution :
of the writ of possession, or of the decree, for six months after the judgment in eject-
ment or decree to possession is pronounced.*

44. The substitution of a decree for sale of the holding in place of ejectment has
also been suggested, and deserves consideration.

4.5. The arrears of rent, as at present under the Ulster custom, including any hanging
gale, would be paid to the landlord out of the proceeds of the sale, and the tenant
would be entitled to the balance. It is to this provision that we look for giving to the
landlord an advantage under the new system, which would in some measure compensate
him for what he loses. The amount annually lost by landlords in arrears is under
the present system very large, except in Ulster. The right of being recouped out
of the proceeds of a sale of the tenant's interest is in Ulster the landlord's great secu-
rity. It has been of so much obvious benefit to landlords to have this reserve to draw
upon, that they have looked on, for the most part, with comparative indifference, while
the notion of tenant-right first grew into a custom, and was afterwards embodied in
law. The tenant who gets behindhand with the Avorld is urged by the agent to
sell ; he is even anxious to sell, if he sees no chance of righting his affairs, before
his whole interest is swallowed up by debts and arrears of rent. He takes his
money, or what remains of it, and buys a smaller farm, or emigrates, or betakes him-
self to a humbler calling. No "agrarian outrage" follows, and the descent, if any,
in the social scale is arranged for with as little hardship and heart-burning as possible.

.ndlord's right
resumption.
'Elroy, 4647;
illington, 5092;
)bb, 5201 ;
Try, 6270 ;
'Ughrey, 11168;
illiday, 19640;
hite, 23214;
ildwin, 32575.

Dw far fixity of
Hire is a change
)m the pi-esent
ite of thinars.

46. We propose that the landlord should retain a right to resume possession of a
holding, or of any portion thereof, for special reasons, on payment of the full selling
price of the tenant's interest. Such special reasons would include the occasions for which
provision has already been made in the Land Act, of land being required for labourers'
cottages and gardens, and would extend to the case of many exceptional lettings, but
not to lettings for ordinary agricultural purposes. If any question arose as to the
reason for resumption, or the amount to be paid, it should be decided by the Land
Court.

47. Even with these limits, there is no denying that the conferring of such a tenure
upon the yearly tenants of agricultural holdings, that is to say upon the great body of
Irish farmers, is, from the point of view of the existing law, a very considerable change,
and would confer great advantages upon tenants. But from the point of view of the
existing relations of landlord and tenant, on most well ordered estates, there is already,
and has been for generations, a virtual fixity of tenure,! and the change would practically
be not great, after all. The control of the landlord, which is now absolute at law, but
confined in fact to very narrow lines, would be legally confined, in future, to those same
lines on which it is now beneficially and generally exercised. There is a certain loss
to the landlord, namely, that of his legal reversion, considered as a piece of substantive
property. His greatest loss, however, would be that of sentiment — of the sentiment
of ownership. In so far as the tenant is made into an owner, the landlord must be
less of an owner than before. The strength of attachment with which men reo^ard
their property remains often undiminished even w^hen the shadow of property, rather
than property itself, is in question. Moreover, this sentiment of ownership is the
shadow of more than a mere right of property— of political influence, once exclusively
attached to the ownership of land, and of old family traditions, not to say, in some
cases of historic associations bound up with it. We do not under-estimate such
considerations. We merely plead that all the circumstances must be taken into account,
before it is decided that the interference with private right which we advocate is too
great to be contemplated. It would be a far greater interference wdth the existing
state of things to cai-ry out in practice the theory of the existing law. A chasm

39752' '^'' ^'^^^^''^^'^' 22368; Hewson, 23061; Hamilton, 33449; Keane, 35779; French, 37887; Blake,
,/-,-,¥"'T.hy> 10120; Blake, 18816, 18830; Persse, 18935; French, 19122; O'Flaherty 19410. Mahon

SSV;.sf S '' T'' \ ^'T^\IfP^ ^™^™'' ''''' ' "P^^^"^*' ^^^^" ■' ^'^'-^y' 25932 riahV.Sl';
39893 -Townshend, 34010; Lewm, 34795; Lansdowm, 57516; /"M^fer, 39528 ; Rochfbrt-Boyd,

REPORT. 21

exists, beUyeen the law and the facts, which has to be filled up somehow. In order
to hil it, either the realities of society as we find them, which liave existed for centu-
ries must at last be moved from their foundations, or the law must be altered. If
the la,w is altered as we propose, there will be in most cases no great interference with the
practical power of a landlord over his property, with his way of managing it, or with
the present income he derives from it, but a good deal with his nominal rights, and
with his sentiment of ownership.

48. Fixity of Tenure, without Fair Rent, is an absurdity. It would be nugatory Fair Rent,
to secure to the tenant a proprietary right, of which the value depended on the

will of another.' But it is highly probable that the proposal for settling disputes as

to rent by arbitration, or by authority in any form, will appear to many a still greater

innovation than the proposal to give yearly tenants a secure tenure. The proposal is

sometimes spoken of as if it were analogous to the attempts so often made, in the

middle ages, to fix the rate of wages, or the price of commodities, by legislation. It is

often assailed with arguments drawn from the armoury of Free-traders, in their war

against Protection. The principle is invoked of "freedom of contract"; and it is Wright, 28381 ;

asked whether in this case alone there exists an exception to the principles which p?™,^*!^*' ^<fjl^ir'

have been established by political economists, as infallible guides to legislation in 34538 . i^'vine '

promoting the wealth of a community. On this subject of freedom of contract we 35753'; Kincai'd,

have a few words to say. The proposal of settling rent by authority is undoubtedly 40226.

inconsistent with the ideal freedom of contract between landlord and tenant, which

the Act of 1860 postulates, and which is by many imagined to exist. That ideal pictures

the landlord as possessor, and the tenant as desirous of possession, bargaining together

and coming to an agreement, by which land in the landlord's possession is transferred,

under certain conditions of proper cultivation, rent-payment, and ultimate restitution,

to the tenant. But what are the facts? It is, in the large majority of cases, the

tenant, and not the landlord, who is, and has been for years, in possession of the holding.

The process of bargaining may end, and under the Land Act of 1870 it is bound to

end, unless the tenant submits to the landlord's demands, with a dispossession of the

tenant by the landlord, against which there is no resistance possible, and no appeal.

An ejected farming tenant in Ireland has nothing to turn to, except the chance of

purchasing another holding ; the offers of which are limited, and the prices high. .JSfot

to come to terms with his landlord means, for him, to leave his home, to leave his

employment, to forfeit the inheritance of his fathers, and, to some extent, the investment

of his toil, and to sink at once to a lower plane of physical comfort and social rank.

It is no matter to him of the chafier of the market, but almost of life and death.

The farmer bargains with his landlord, under sentence of losing his living, if the

bargain goes off.

You take my life, when you do take the means
By which I live.

We grant that it would be inexpedient to interfere with freedom of contract between
landlord and tenant, if freedom of contract really existed; but freedom of contract, in
the case of the majority of Irish tenants, large and small, does not really exist.*

49. In settling what is a fair rent, the present rent, or such rent as is agreed upon, M 'tioi of set t'.i as-
under the new system, between landlord and tenant, may be assumed, in the absence -^ ^a-f lent io be °
of any demand for its alteration, to be the fair rent required. If a dispute arises either ''^ arbitration 0
through the desire of the landlord to raise the rent, or of the tenant to have it lowered, ^'"^ *™^ ** ^^^^
to an extent which the other party will not accept, some procedure in the nature of
an arbitration, or of a trial at law, must be provided for its settlement.t To a new
Government valuation throughout Ireland to be undertaken for the purpose of fixing the
rent of every separate agricultural holding, as between landlord and tenant, there
appear to us to be insuperable objections, to which we shall recur further on. It is
enough here to say that the economy of legislation, and the principle we follow of
recognizing so far as possible the existing state of things, are in favour of the scheme

* O'Brien, 4011 ; Shillington, 4963 ; Brosnan, 25625 ; Crosbie, 26221 ; Lane, 26563 ; Sawlers 9914s •
Payne, 30441; Fell, 30808; Tobin, 31682; M'Bnerny, 31772; Roberts, 33606; Vernon, 3539 ■' Prinale'
38769. ' ° '

Halliday, 19631 ; Burke, 19747 ; O'Flaherty, 19419 ; Bailey, 20214 ; Morice, 23952 ; Hussey 25303 ■ Le.ihv'
27191; Sanders, 29094; Sherlock, 30962; Roohfort, 33245; Browne, 35232; Johnston, 35621 ■ Redmonil'
36375 ; LifFord, 36466 ; Curling, 39382 ; Douglas, 39467; Little, 39510.

or

22

IRISH LAND ACT COMMISSION, 1880.

O'Brien, 4009 ;
M'Elroy, 4537 ;
Brush, 6694 ;
Loughrey, 11149 ;
Crean, 15864.

The function of
authority should
be minimized.

we advocate. There seems no reason for calling in the aid of State ■ machinery in the
large number of cases where landlord and tenant succeed in coming to an arrangement)
of their dispute, or in the still larger number where no dispute arises.

■ ■■ -'• ■■■'■n:'.

50. An objection may be urged to the settlement of rent, under any circumstances,
by authority, which deserves serious consideration. It will be said that the prmciples on
which the tribunal proceeds in deciding what, in each case, is a fair rent, will be open to
criticism, will invite objection, and will be the mark, in future times, _ of political
agitators ; that a new movement will speedily be begun to modify these principles in a
popular sense ; that elections will turn upon it, and a league be formed to promote an
alteration of the law ; in a word, that no final settlement can be effected, which depends ■
upon the acquiescence of Irish tenants possessing political power in the decisions of
constituted authority. This argument will naturally have weight with thpse who^ see no
just grievance in the present condition of the Irish- farmer, and who ascribe the present
movement, and the inveterate discontent of the class, entirely to the wiles of agitatersjr.
and- to the recent scarcity. It will not have so much weight with thosewho consider
the present land system as responsible for the- mischief, and who are believers in the
healing influence of justice. But precaution is necessary. It will be wise to minimize •
the function of the State, to make legislation responsible for as few rules,. and those asi
simple, as possible, and to call upon authority for particular decisions only when no other
resource is available. For this reason a provision for cheap arbitration appears to us
indispensable ; and it is our trust that in the maj ority of cases no further proceedingr^
will be resorted to.

Procedure by way
of arbitration.

M'Elroy, 4528 ;
Hanna, 8895 ;
Eankin, 10530 ;
Connison, 10956 ;
Barbour, 15637 ;
Wright, 28378.

Alternative me-
tliod.s of procedure
by arbitration
suggested.

M'Neill, 6080 ;
M'Causland,9339;
Loughrey, J.,
12065 ; Hardy,
20855 ; Scott,
22516 ; Dclniege,
23S14 ; Roberts,
33595.

Pynnot, 72Cir> ;
?iiui-pliy, 10112 ;
ilori-isou, 10452;
<iood, 32G60.

51. If the ordinary form of arbitration is preferred, recommended by its simplicity,
and by the familiarity which it derives from its employment on many estates, and from
its establishment by law for such cases as the taking of lands for public purposes, .
the course of procedure may be as follows : — In case either party demanded that the
rent of a holding should be varied, and the other refused or was . unwilling to agree
to the demand, it should be lawful for the party demanding to serve a notice
requiring the party refusing within a given time to nominate an arbitrator, and stating..--
in the notice the arbitrator proposed by himself. It should be open to the- party',
receiving the notice to set up his counter claim for an- increase, or reduction, as the
case might be. In case both the arbitrators are nominated, they should forthwith
appoint an umpire, and the award in writing of the arbitrators, or of the umpire if they. i
disagree, should fix the rent to be paid for the holding.. If the party contesting the
demand refused or neglected to appoint an arbitrator, or if the arbitrators did not agree;
upon an umpire, the party complaining should be entitled to serve a claim before thei
court or tribunal designated for the purpose. The decision of the arbitrators, or in case
of their disagreement, of the umpire, would be final.

52. The evidence shows that, at all events in the present state of feeling, landlords
will be in many cases unwilling to submit their claims to the decision of arbitrators..
The professional valuators who must in general be called in as arbitrators, though,
not less able or conscientious than other men, are not a sufficiently independent class
to inspire confidence under the extraordinary circumstances of the present time. It is
likely, ijherefore, that at first a large number of cases will be brought for decision before ,
the ultimate authority. As matters become settled, and the principles of decision
become _ better understood, the cheap and summary way of settling a dispute by
arbitration will be resorted to in all ordinary cases. A scheme of arbitration has
been suggested which is intended to obviate the want of confidence which might be
felt in arbitrators called in for the occasion, and at the same time to increase the
chances of an agreement being arrived at by way of arbitration. If a standing com-
mittee of local arbitrators could be formed, composed of men whose reputation, for
fairness and practical knowledge commanded the respect of a neighbourhood, it is
probable that more cases would be submitted to such a tribunal, than to arbitrators ,
selected on the usual system. In every district, of Ireland such men are to be found,
men v^-ho have lived on the land and 'studied it, who possess the confidence both of
landlords and tenants, of whom it is freely allowed on all hands that they would,
never knowingly give an unfair decision. Such men understand, better than any others,
the circumstances of the neighbourhood in which they dwell. They are acquainted not
mcTuly with the capabilities of the soil, and with the state and accessibility of markets,
bu. also with the past histo]-y of the relations between landlord and tenant, and with
all tno:-e long-established usages, Avhich deserve respect, although they may be too
partial and indefinite to admit of being erected into a custom. The opinion of such

EEPORT.

23

men IS, throughout the Ipcahty, of more weight than that of any person from a distance,
or ot any, oflicial authority. Their reputation for judgmerit is valuable to themselves,
ana tftey are ^above the suspicion of trading on it. They have an interest in peace and
quietness,, and are capable of looking at a question from other points of view besides
their own. Many landlords and many tenant-farmers are such men ; and the calling of
a land agent, which forms so peculiar a feature in Irish country life, as well as that of
a protessional valuator, will supply representatives of the class in all neighbourhoods.
Supposing two elected representatives of landlords, and two of tenants, to be appointed
for aterm of years, so as to constitute a standing committee of arbitrators for a given
district, the agreement of any three of whom should be final ; it seems likely that men
would be elected, not — as is too likely to be the case when each party to a dispute
nominates, and the umpire may be expected to split the difference — from their known
character as extreme landlord men or tenant men, dependent for custom upon their
reputation for giving a good decision for their respective employers, but from their
reputation as practical men, likely to wish to settle matters without further difficulty.
To compare small things with great, the institution of a standing committee of
arbitrators has been tried and found satisfactory in Friendly Societies ; and the device
, has found such favour with the legislature, that in this case alone has the unique
-privilege been conferred of making the reference to arbitration compulsory, and of
excluding complainants, when a standing committee has previously been nominated
according to law, from prosecuting their differences with the society in any court of
justice. It may be that the state of feeling in Ireland is not such as to tolerate for the
present even this form of local settlement. A modification in the same direction of the
old^ form of arbitration, whereby the agreement of two at least of the three, of the
arbitrators and umpire, should be required, and in default, a reference be allowed to the
tribunal, may be suggested. as a second alternative, calculated to strengthen confidence
in resorting' to arbitration.

The ultimate
tribunal.

Wright, 28380 ;
Hely, 31506.

Hamill, 4293 ;
O'Mahony, 26644:
Fell, 30810;
Neligan, 34924.

53. If the state of public feeling should be thought to permit it, the ascertainment of
a fair rent would seem to be work better suited for the decision of laymen than of
lawyers, and for adjudication by a local than by an imperial tribunal. But in any
case the necessity remains for a strong central court to decide the cases which are
not referred to arbitration, or are not decided by it. If the County Court Judge is
entrusted with the work, he must have the assistance of an assessor or assessors, prac-
tically acquainted with the value of land. Otherwise — and this view meets most
favour from the witnesses who have appeared before us — it would be necessary to create
an independent tribunal, consisting of persons above the suspicion of class leeling, to
which official valuators might be assigned, as at present under the Lands Clauses
Consolidation Act, which should hear the case of both parties, and the report of the
official valuator,, and decide the amount of a fair rent, in accordance with the principles
laid down for its guidance.^^ In any case the amount of rent fixed should be recorded
in the office of the Clerk of the Peace of the county in which the farm is situated, or
in the office of the Petty Sessions Clerk of the districtt ; and the party failing should pay
the costs, if his demand or refusal is found to have been unreasonable. |

54. If it is considered desirable that some principles or general rules should be laid Principles for
down by law for deciding what is a fair rent, we beg to submit the following suggestions ; ascertainment of
though persons of authority think it unadvisable that any rules should be laid down ^ ^®'^*'

by the. legislature on the subject. § It is necessary at once to negative the idea that
it means what in England is known as a full, or fair, commercial rent, but in Ireland as
a rack-rent. II It is not contemplated that after deducting for the tenant, to use the
language of political economy, the cost of cultivation, and the ordinary profits of his
trade, the whole of the surplus receipts should be the unquestioned property of the
landlord. As a fact, the Irish tenant farmer has in general possessed something more ;
as a jight, it is proposed to secure him in that possession. The difficulty is to settle
what, in each case, is the existing fair rent. The computation should in general start
with an estimate, first, of the gross annual produce, and secondly, of the full com-
mercial rent, according to the rules observed by the best professional valuators. From

* Murphy, 10121; Errington, 13071; Hardy, 20912; Brosnan, 25C70 ; Crosbie, 26239; Eany, 28722;
Baldwin, 32137; Dufferin, -83139 ; Gartlan, 36964.

f Ormsbt/, 589, 610.

X Loughrey, 11149.
- § Shillington, 5005; Morrison, 10452; Loughrey, 11158; Kilmartin, 20972; B.ildwm, 32495 ; Eochforf,
33286 ; Longfield, 39809.

II Baldwin, 32379; Townshend, 33984.

24

IRISH LAND ACT COMMISSION, 1880.

Greene, 834 ;
Baldwin, 32415.

Ferguson, 257 ;
Meagher, 2120;
Kelly, 3692.

Limitation of the
above, where
rent has been
acquiesced in for
a considerable
period.

Commutation of
increased rent due
to landlords for
impro^-einents for
a charge on
tenant's interest.
De Moleyns, 107;
Allen, 19C1 ;
Eeeves, 2036,
2110;

Lough re}'-, J.,
1211G;

Hussey, 25309 ;
Mahony, 25920 ;
Crosbie, 26222 ;
Jones, 26955 ;
Fell, 30781 ;
Baldtvin, 32449 ;
Vernon, 35339 ;
CurliiiL', 39384 ;
Bvu en, 40138.

this last should be deducted, as a rule, any portion of the annual value which is found to
be due to improvements not made or acquired by the landlord. The Act of 1870 provided
that with certain exceptions all improvements on a holding should, until the contrary
was proved, be deemed to have been made by the tenant or his predecessors in title.
Some term must, therefore, be fixed, beyond which the presumption should be that the
improvements, even if not made by the landlord, were made by tenants who_ were not
predecessors in title of the present tenant. Otherwise the rent of an ancient farm
might in many cases be liable to reduction to the value of so much waste land. "We
suggest a term of thirty-five years. Within this term no considerations oi the length
of time during which the tenant may have enjoyed a return from his improvements
should exclude the tenant from the benefit of them, in so far as they are found to be
actually at the present time still adding to the annual value of the holding. Within
this term, moreover, no technical breach of the legal tenancy should operate to deprive
him of the benefit, when he can show that he substantially claims through those who
have preceded him in the occupation of the farm. With regard to landlord's improve-
ments, either on or outside the holding, the amount of the present annual value which
his expenditure might be shown to have added to the holding will be included, of
course, without deduction, in the computation of the full commercial rent. Subject to
the above, the arbitrators or tribunal will proceed to estimate the fair rent; in which they
will have regard to any sum paid by the tenant on incoming, or to sums which have
ordinarily been paid by tenants in the locality on purchasing, in so far as such sums
represent an existing valuable interest in the tenant, over and above any value due to
improvements made by himself or his predecessors in title; to any other reasonable way
in which the value of the tenants' interest in the farm can be ascertained ; and also to
the rents which have commonly been paid by tenants in the locality whose rents are
considered to be fair. With the addition of an Equities Clause, upon the model of the
first part of the 18th section of the Land Act, whereby the court may take into con-
sideration any claim, objection, or set off made, urged, or pleaded by the party refusing
the demand, and any default or unreasonable conduct of either party which may appear
to the Court to affect the matters in dispute between them, and give judgment on the
case with regard to all its circumstances, this will, we think, indicate the lines on
which the law should be laid down for the guidance of arbitrators and of the tribunal
in estimating a fair rent.

55. It must not be supposed that the whole of this process will require to be gone
through in all cases. It will generally be possible to start from some time when the
rent was, in the opinion of both parties, considered fair, and to confine the investigation
to the circumstances alleged, on the one side, as altering the conditions then existing,
or, on the other, as a set off against these circumstances. It will be expedient, further,
to lay down that a rent which was paid at any time within the last twenty years and
which continued for not less than ten years to be regularly paid, shall be, in all cases,
taken to be such a starting point.

56. There are holdings where the fair rent thus estimated, and however estimated,
will be above the existing rent. They are not so numerous as would be supposed by
a stranger, ignorant of the degree to which the improvements on farms have been made
by the tenants, and of the distinctness with which the existence of an interest in the
tenant has been allowed, even by landlords who would not permit it to be sold. But
there are landlords who have spent large sums in improving their estates, who had no im-
mediate intention of raising their rents in consideration of the value thus added to the
farms, but who may very naturally desire to reap some present return for their improve-
ments, when they are deprived of the legal reversion, and of the sense of sole ownership
in the soil, without which they might not have cared to make them. It would be unfair
to provide these landlords with no better means of recovering the value than the
necessity of demanding to have the rents raised within the specified time, thus incurring
odium, and coming into confiict with their tenants, some of whom, moreover, might
really be unable to pay the increased rent found to be fair under the circumstances;
and it wpuld be unfair to the tenants to make them pay an increased rent for improvements
made without any immediate intention on the part of the landlord of adding to the rent.
In such a case, instead of an addition to the rent, the capitalized present value of the
improvements might be made a first charge on the tenant's interest in his holding, to
be met and satisfied in the manner hereafter mentioned. Provision should also be
made for the fining down of the increase of rent, if any, arising from a demand on the
part of the landlord ; to which process Government assistance might be given in the
manner hereafter described.

REPORT. 2,3

57. At this point it becomes necessary to consider the effect which the changes pro Effect of Fixity
posed in tenure of land by tenants, and in their relations with their landlords, are Tenure and Fail
calculated to have upon the public interest, as concerned with the improvement of ^"""^^ "P°'^ "^■
the soil. Except for main drainage and similar improvements on a large scale, which P\°^®'"^'^' °*
may be undertaken^ by landlords as a commercial speculation, the result of depriving

them of the sentiment _ of sole ownership must inevitably be to discourage still
further, if not to extinguish, their expenditure upon the soil of land not in their own
occupation. Evidence has been tendered us showing that sums have been and still
are being expended by landlords in works on their estates. The cessation to any
extent of this expenditure wiU be an evil ; but it will be rendered still more injurious
if steps are not taken to ensure in its place a more steady and general outlay of labour
and capita] upon the improvement of their holdings by tenants.

58. Full encouragement is not given to a man to undertake a work of any kind Proposal for a
where the returns of his undertaking, whether ordinary or extraordinary, are not tenure at a perp
secured to him. It has been urged that Irish tenants will not have sufficient motive to p'Jo^fg^^'^ ' ^ '^

i improve unless they are secured against any future increase of rent, such as may
seem to them, whether justly or not, to hand over to the landlord the fruits of their labour.
To meet this difficulty it has been proposed that, wherever a dispute as to rent has
been brought before the Land Court, the tribunal shall fairly value all just rights of
the landlord, and fix a fair perpetuity rent on the holding, to which it shall be com-
pulsory on the landlord to agree.* The effect of this would be, the conversion of yearly
tenancies into a perpetual tenure, subject to a quit rent, which will in most cases
slightly exceed the present rent paid. The compulsory establishment of this form of
tenure is objectionable, and we do not recommend its adoption. t.

59. We return to the proposal of fair rent, liable to future revaluation. The rent Term of settle-
as settled should remain fixed for a certain period, or for such other term as may from naent of a fair
time to time be determined by mutual consent. The statutory period must not be ^®^*-

made too long ; for if, as some apprehend, Ave are now to look forward to depre- Ferguson, 309 ;

elation in the profits of agriculture, it must be remembered that this depreciation Robertson U85 ;

would prey, during the statutory period, exclusively upon the tenant, and it is not LouXey llU?

desirable, in the interest of either party, that this process should continue too far. But Curling, 39390.
some term must be fixed, before the question can be re-opened, in the interest of both
parties. We propose a term of thirty-one years.

I

60. At the expiration of this period, or of any period that may, meantime, have Principles for re-
been substituted by mutual agreement, any re-valuation that might be demanded for valuation.

the purpose of re-ascertaining the fair rent would start with the rent previously settled, Alexander, 8720.
and be limited to the investigation of circumstances which might since have occurred
to increase or dimmish the annual value of the holding. The case of increase calls
first for consideration. An increase in annual value may arise from three causes :
First, from landlords' improvements ; secondly, from those of tenants ; thirdly, from'
causes independent of the action of either, constituting what the late Mr. Mill was '
accustomed to call the " unearned increment " of landed property. The two first of
these causes occasion no difficulty.

_ 61. With regard to the third cause, the unearned increment arising from external " Unearned incre
circumstances, it will, we think, be necessary, in the public interest, to give the tenant a ment," and de
share in this source of profit, if he is allowed to be, in any sense, a part owner of his hold- ''^^^^^ ''^"^^d by
ing. The tiller of the soil will hardly have due encouragement to speculate in im- ^^^^"^^ <'^^^^^-
provements, if his profits, unlike those of other speculators, are never to be permitted ^''°''^' ^^^^^•
to exceed the average profits of money, skill, and labour invested in the pursuit of
his calhng. In the absence of first principles on which it can be settled what proportion
ot the chance profit should be assigned to each, we propose that the landlord and
tenant should be declared, m this respect, equally entitled, and that one half of the
increase or decrease as the case maybe, should be taken into account in estimating
the fair rent of a holding. °

ooL'?""'/'"^' ^^^^' ^^^V^o'h 3363, 3411; O'Brien, 4039, 4097; Loughrey, 11148- Hart 199^0- n ....
22053 ; Lane, 26537 ; Barry, 28723 ; Bavis, 29607 ; Hill, 30312 ; '^/«i,,^30825 ;F.™:;;' 35373 ; VtS;

+ M'Causland, 9314, 9321 ; Lane, 9575; Donnell, 11001 ; Ashe, 11911 ; Dalv 19901 • r««<.,Vl,. o-.„
Ferguson, 4875 ; Brown, 9847 ; Brosnan, 25655 ; Fell, 30847 Baldwin, 32397^^^116 35821 ■' '

E

26

IRISH LAND ACT COMMISSION, 1880.

Increase due to
latent capacity of
fee soil.
Compare Lord
Devon's Digest,
Tol. ii, p. 5.
Donaldson,
11534; King.
Harman, 1-1229.

62. A special' case remains for consideration, where the increase brought about
by landlords' or tenants' improvements, as the case may be, is due not solely to the
labour, skill, and capital employed, but in part to the development ol latent capacity or
" inherent quality " of the soil, to an extent incommensurable with the effort expended.
A familiar instance of this is the case of " cut-away bog " in Ireland, where the land
laid bare by the profitable removal of turf proves capable, with little further eifort,
of profitable cultivation ; or the case where the land lends itself so kindly to the
improver, that the profits of one or more crops may go far to remunerate the husband-
man for the labour that Avas needed to adapt it for tillage. To meet this case it
might be provided that a tenant demanding a decrease of rent, or objecting to its
increase, should be called on. in case of objection or counter objection on this account,
to put in evidence the nature of the operations which he claims to have conducted,
and that the Court or arbitrators should, if they thought the objection or counter
objection reasonable, take account of the resulting increase of value in the same manner
as if it had arisen from external circumstances.

limit of time for
first valuation.

Griffith's valua-
tion.

63. The importance of legislating for such contingencies is not to be measured by
their apparent remoteness. The sentiment of ownership, in a tenant as well as in a
landlord, reaches far forward. There is, moreover, a large class of probable cases in
which the contingency is by no means remote. A time Avithin which a demand for
" first valuation" must be made should be .specified in the statute. Demands for the
increase or decrease of rent, if not made before that time, will come under the rule
here laid down for re-valuation ; it being assumed that the rent was, at the time of the
passing of the statute, acknowledged to be " fair" by both parties. It may thus
happen that within a. very few years the question will arise for decision, to whom
does the "unearned increment," or the excess of increase arising from "latent capacity"
belong ?

64. If anything has been clearly established on evidence during this inquiry, the
fact tliat the present Government valuation is not a trustworthy standard for the
settlement of rents has been most thoroughly demonstrated.* Fair as it may have
been for the purposes of local taxation in the years Avhen it was made, the evidence
shows that even then it Avas considered as beloAv the fair letting value of the land*
Those who argue to the contrary ignore the fact that while there was nowhere any
motive at Avork to cause the officials employed to value too highly, there was a
universal pressure to force down the valuation, to which it Avas not unnatural for
the valuators to yield. No injustice was done to anybody, while every body Av^as
satisfied, so long as the under-estimate Avas general and uniform.

Proposal for a new
geiieral valuation
in order to afford
a basis for the set-
tlement of a fair
rent,not approved.

noAV general

65. We are hoAvever unable to agree Avith those AA'ho urge that a
valuation should noAV be made, either by Avay of settling, on the authority of valuators
employed by Government, Avhat shall, in all cases, be the fair rent of a holding, or in
order to ascertain the annual gross value, or the full commercial rent of each holding,
as a guide to the arbitrators, or tribunal, who will have to settle the fair rent.
To interfere with rent, except where a dispute arises, is to raise more difficulties than
are solved.f It is objectionable to bring the authority of the central Government into
direct universal and unnecessary collision Avith the interests of landlords and tenants.
The delay that Avould occur before a new valuation could be completed is another serious
objection. J If anew valuation is required for rating purposes, it should rather be made
at a time when there exists no general desire to convert it to purposes of rent-
settlement.

* Greene, 657, 741 ; Townshend, ir)71, 1644, 33938 ; Allen, 1846, 1967 ; Meagher, 2148 ; Derham, 2441;
Everitt, 2575, 2592, 2615 ; Kirkpatrick, 3898 ; M'Elroy, 4582 ; Shillington, 4997 ; Flanagan, 9658 ; Murphy,
10132; Louglirey, John, 12096; Cooper, 12465; O'Conor, 13724; Fa wcett, 15119 ; Carnegie, 15413 ; Clarke,
15720; Larminie, 16218; Thomas, 16808; Gore, 16969; Clancy, 18165; Blake, 18767; Persse, 18860;
Cooley, 19349; Hart, 19176; Bailey, 20210; Kilmartin, 20980; Graham, 21306; Leonard, 21483; Bariy,
22018 ; Townshend, W. U., 22172 ; Frost, 22251 ; Fitzgerald, 22287 ; Gahir, 22981 ; \Vhite, 23150 ; Delmege,
23464 ; Hogan, 23798 ; Morioo, 23945 ; Frost, 24094 ; O'Connor, 24600 ; O'SuIlivan, 24968 ; O'Donoglvm,
25052; M'Sweeny, 25184; O'Connor, 25216 ; Hussey, 25281 ; Mahony, 25949 ; Walpole, 26081 ; Kearney,
26115; Croshie, 26212 ; Lane, 26539; O'Mahony, 26636; Jones, 26819; Leahy, 27191; Bennett, 28446;
Roche, 28818 ; O'SuIlivan, 28934 ; Sanders, 29085, 29144 ; Campion, 29264 ; Daly, 29996 ; Colthnrst, 30354 ;
Payne, 30459 ; Deane, 31020; Ardagh, 31447; Nugent, 31746; Anthony, 31933; Baldwin, 32411 ; Lewin,
34840; Irvine, 35737 ; Marwn, 35907 ; Carroll, 36197; Tracey, 36316 ; Smollen, 36908; M'Keogh, 37130;
Trench, 37866 ; Bole, 38097 ; D'Arcy, 38770 ; Little, 39493 ; Eochfort-Boyd, 39929 ; Bnieu, 40138.

+ Stoney, 23566 ; Hogan, 23826 ; Frost, 24119 ; Keane, 35794 ; Dease, 37355.

X Greene, 751 ; M'Sorley, 38510.

REPORT. 27

66. We consider that the tenant upon whom has been conferred fixity of tenure, at Free sale.
a fair rent, will be in a position differing little from that of a legal owner of property

in the" soil ; and that he ought not to be unnecessarily deprived of any of the ordinary
incidents of property. _ Therefore he should be at liberty to sell his interest, that is to
say, his right of continuous occupancy, the improvements made by himself or his
predecessors in title, and all the title he has in the land, either under the law now in
force, whether common law or statute, or under the statute now to be proposed,
in any way he wishes ; subject, however, to some reasonable restrictions, which are
suggested by the nature of the tie between himself and the landowner, and appear to
be called for upon public grounds. We believe this proposal will be found beneficial,
at least as much to the landowner as to the tenant ; and it seems to us a necessary
consequence of what has been proposed above.

67. To the proceeds of a sale, either voluntarily resorted to by a tenant who finds Fiee sale provides
himself unable profitably to farm his holding, or ordered by the court, we look con- f '''^?"'?® ^^'^'■
fidently for a resource, available to landlords, for the recovery of arrears of rent. aTreai'soVrent.'''
Such, as above-mentioned, the right of sale of tenant-right has proved in Ulster ; and

it has become a common place of observers, that landlords suffer much less from
arrears, and tenants from eviction for non-payment of rent, where the right of sale
exists.* It is true that the spread of this usage, although it is the part of the Ulster
Custom which most obviously conduces to the landlord's benefit, has outside Ulster
been more opposed by landlords than any otlier.f It appears from the evidence that it
is the opinion of many landlords that while to give legal fixity of tenure at a fair rent
would not involve any great practical change as regards the majority of large land-
owners in their relations with their tenants, the concession of a right of free sale
would be an upsetting of the rale of management most generally regarded by land-
lords as beneficial, and most strenuously enforced by many of them. We maintain,
nevertheless, that without a right of sale in the tenant, free from unnecessary restric-
tions, the value of the tenant's interest will not readily be made > available to satisfy
a claim of the landlord for arrears. To oblige him to come upon the land for his
remedy, and evict the tenant, would be to leave the old sore unhealed. It would even
be worse in future than before ; for, the tenant's interest being recognized at law,
and having become in every sense of the word a valuable property, it Avould be inequit-
able to infiict a forfeiture for non-payment of rent without a power of sale. This would
be like returning to the days of foreclosure in cases of mortgage, before the invention of
the equity of redemption, and would revive hardships from which Courts of Equity
stepped in to relieve the ancestors of the landowners of to-day. It is impossible in
this connexion to overlook the important testimony of the benefit a landlord may
derive from allowing his tenants the right of sale, which is afforded by the experience of
several estates out of Ulster. J

68. It appears to us further that to confer a valuable interest, and refuse the right of Free sale will
alienating it, will not be a judicious measure. The lack of right to convert into money loosen tke undue
the interest which, the Irish cultivator really possessed in the soil of his holding has f^^^^cl^"^®^* °* °"^'
been one cause of his too great attachment to the spot where he found himself The soir"*^^ *°

■ concession of free sale will introduce a much needed solvent.§ Men will not go away
willingly if they have to leave their property behind. The money often paid to them
by the landlords who have promoted emigration has been looked on, we fear, rather as
a bribe to go, than as the fair purchase money of their interest in their holdings. Let
the sale be free and fair, and there will then be no feeling in the emigrant that he has
been ousted, and no outcry at home against " ruthless exterminators."

69. There is even great reason to doubt whether a prohibition of sale will be feasible Prohibition of
under the new condition of things. It has been found difficult to prevent it from sale practically
creeping in, even when the tenant, had, at law, nothing but a bare yearly tenancy to impossible,
sell.ll Certainly there would be required an almost penal code of fines and forfeitures,

enough to neutralize the healing influence of other concessions, to repress it.

* Kirkpatriek, 3866 ; Forde, 7085 ; Steel, 9061 ; Houston, 7195 1 Longhrey, 11162.

I O'Brien, 4005 ; Mahony, 25955 ; Crosbie, 26245; Townshend, 33968; Ventry, 35141- Lansdowne
37526.

+ Reeves, 1981 ; Kirkpatrick, 3793; Hunt, 21533; Townsliend, W. U., 22111 ; Stoney, 23555 • Sherlock
34949; Roberts, 33461, 33563; Vernon, 35255; Little, 39576. '

§ O'Brien, 3930; Fitzgerald, 8285 ; Kearney, 26149 ; O' Donovan, 29798; Nolan, 31489 ■ Prin^yle 35785 •
Adamson, 39631. > a ; ,

II Kirki)atrick, 3793; Larminie, 16209; Blake, 18695, 18822; French, 19120 ; Jackson 19132 ■ Rppvp=!-
23356 ; Fell, 30753; DowHng, 34505 ; Vernon, 35292 ; Bole, 38U4. ' '

E2

28

IRISH LAND ACT COMMISSION, 1880.

Landlord's veto
on purchaser
on reasonable
grounds.

Purchaser to
reside, and to Imy
the entirety.
Meagher, 2226 ;
Kilmartin, 21010;
Wright, 27300.

Objection to sale
of tenant's
interest by
auction, not
agreed to.
Wrench, 5462;
CasJeei/, 12344;
Winder, 6763 ;
Vernon, 35317 ;
Tener, 36636.

Estate rules
limiting price of
tenant's interest.

Preemption to
landlord.

Discharge of
charge for
landlord's
improvements
out of proceeds.
Wrench, 5603.

70. For the restrictions which it may be right to impose on the sale of a tenant's
interest it is natural to look first to the experience of those parts of Ireland where such
sale has hitherto been allowed. Under the Ulster tenant-right, the condition is uni-
yex-sal— it is even recognised as a part of the Custom itselt^— that the landlord shall
have a veto on the purchaser as tenant, upon "reasonable grounds." Such grounds
are, that he is in insolvent circumstances, that he is of bi.d character, or has failed
already as a farmer. This rule of restriction is well understood, is not complained of
by any one and may, we think, judiciously be adopted.* The reasonableness of the
exercise of the veto, if disputed, should be determined by the County Court Judge in
the Land Sessions, or by the Land Tribunal.

71. We add a condition, not indeed recognized as part of the Ulster custom, but
springing out of the nature of the relation between the landlord and tenant of an
agricultural holding, and only not hitherto defined as usage, because the landlord's
legal power has been sufficient to eriforce it. The purchaser should in every case be
bound to become himself the actual tenant of the farm, and to continue practically in
direct occupation of it ; a breach of this condition should authorize the landlord, as in
the case of subletting, to eject, or to compel a resale. Similarly, a sale of the holding
to two or more should not be permitted without consent in writing, on the same principle
that subdivision is prohibited, and for the same reasons.

72. Evidence has been given of objections entertained, not without some reason, to
a sale of the tenant's interest by public auction. It is clear that in many cases, under
the stress of excitement, and of the prevailing desire for land, sums have been bid far
beyond the real value of the holding ; with the necessary consequence, that the pur-
chaser has been unable to cultivate at a profit. This is an evil that must be left, we
think, to right itself.t It is obvious that, with free sale generally allowed, there will
follow a considerable easing of the land-market ; and a legal prohibition of sales by
auction can so easily be evaded, that it is not worth while to insist upon it.

■ i

73. A controvei'sy has raged in Ulster over the "estate rules," whereby landlordsj
have endeavoured to prevent the price of tenant-right from rising so high as to absorb
the value of the landlord's interest.J By these rules it has generally been laid down
that the price paid for tenant-right shall not exceed three or five years' purchase of the
rent paid. ' They have probably been largely evaded, except where the landlord has
gone further, and selected a purchaser who is willing to pay the maximum allowed.§
It seems unnecessary to enter into the question how far these rules are or are not a
violation of the custom, as existing before the Land Act. They have been treated in the
Land Courts as usages to be established or refuted by evidence. In future the landlord's :
interest would be protected by the rule of " fair rent," and there seems to exist no
sufficient reason for further interference with the selling price of the tenant's interest.
The argument in favour of establishing such rules, that they have a tendency to protect
the interests of members of the farmer class who may wish to buy farms, by keeping
down the selling price, may easily be pressed too far.|| In this case, as in that of sales
by auction, farmers will soon learn, like other people, to take care of themselves, when
they have been placed in a position of security by law. 11

74. The landlord should have a right of pre-emption at the highest j)rice offered by
a bona fide purchaser in open market.

75. In case the value of landlord's improvements has been left, under the proposal
suggested above, as an outstanding charge upon the tenant's interest, it should be either

* Robertson, 1497; Meagher, 2141; Hill, 3154; Simpson, 3581; O'Brien, 4016; M'Elroy, 4547,4618;
ShiUington, 5026; Robb, 5200; Fitzgerald, 8286; Lane, 9593; Planagan, 9692; M'Intyre, 10753; Boyle,
12255; Caskey, 12347; Ryan, 24251; Leahy, 27191; Hegarty, 30683; Ardagh, 31430; Baldwin, 32458 ;
Roche, 34316; Browne, 3532.3.

t De Moleyns, 200 ; Baldwin, 32462 ; Beatty, 7406 ; Scott, 9461 ; Brown, 9929 ; M'Intyre, 10835 ;
Longfield, 39863. > J> , > > , , J >

JQiiinn, 0407; Ward, 7104; Ker, 8018; M'Causland, 9189; Scott, 9472; Simpson, 10536; Caskey,
12368. ' > ' > V >

§ Waring, 6899 ; Beatty, 7342 ; Ker, 8096 ; Murphy, 10087, 10167.

\\La Touche, 969; Davys, 14171; Townshend, W. U., 22098; Jones, 26969; Cornwall, 28663; QQ-
28697-28703; l-itej^eraW, 29522; Zi«fe, 39482.

H De Moleyns, 137, 186 ; Simpson, 3590 ; Leahy, 27186 ; Baldwin, 32422 ; Lewin, 34840 ; Neligan, 34880 ;
Vernon, 35344.

REPORT. 29

paid off in full, out of the proceeds of the first sale of the tenant's interest, or might
be spread over the first and future sales, under equitable regulations for its final dis-
charge.

76. There are cases where a landlord may, under the Land Act, have purchased or Tenant-right
acquired the tenant-right of a farm, and have let it again to a tenant without already purchased
receiving any fine, and without imposing a full commercial rent. In such a case, as f^^ ,[^ ^^^ 7^
in the parallel case of improvements made by landlords, the landlord may not care declared a charge
to have the rent raised, although he may not be receiving so much as would be upon the tenant's
adjudged a fair rent of the holding. If so, he should be entitled to serve a claim to interest.

have the value of the tenant-right which he has bought declared a charge upon the
tenant's interest, as in the case of improvements made by the landlord, and to have it
satisfied, after the same fashion, out of the proceeds of sales of that interest.*

77. The right of free, sale, even more than fixity of tenure, interferes with the land- The right of fre«
lord's right of control over his property, in respect of his power to choose the tenants ?'^|® ^ ^^^^

by whom he is surrounded, and to surround himself with those whom he prefers. It i^nTlowl's right of
renders him liable to the intrusion of a tenant to whom he may have a strong control,
personal objection, unless that objection should fall within the definition, as interpreted
by the tribunal, of a reasonable veto. But it is not calculated to lessen the value of
his property. Compensation for such an interference has been suggested to be due,
in cases where the right of sale has never been recognised. If this suggestion is
entertained, the compensation must necessarily be estimated on a basis more or less
speculative.

78. The object of the legislation now to be proposed, like that of the Act of 1870, Tenancies ex-
is to make better provision for the tenure of agricultural holdings. From the benefits of eluded from the
the Land Act were excluded all holdings which are not agricultural or pastoral in l^^^ °^ *^®
their character, or partly agricultural and partly pastoral ; that is to say all lettings " ^^ ^°^^
of houses or buildings, and practically all lettiugs in towns and villages.! By another

section are excluded holdings held by the tenant by reason of his being a hired S. 71.
labourer or hired servant, lettings in con-acre and for other temporary purposes, and
" cottage allotments." Demesne lands,| townparks,§ grazing farms at and above £50 S. 15.
valuation, and non-residential grazing farms,|| are excluded from the provision for giving
compensation for disturbance, but not from those giving compensation for improvements
and for incoming payments. All tenancies of £50 valuation or over may be contracted S. 3.
out of all the benefits of the Act. We do not recommend that all these exceptions S. 12.
should be maintained. We think all lettings of houses or buildings, and all holdings
which are not at least in part agricultural or pastoral, should not be included in any
statute giving fixity of tenure at fair rents with the right of sale. Demesne lands,
townparks, and all lands at present let for grazing purposes, if not residential, as
defined in the Act, or above £50 rental, should, we think, be left as at present.! For
future lettings of land now held under these descriptions, whether for purposes of tillage
or otherwise, it might, Ave think, be lawful to bar the operation of the statute by
contract. It is not desirable to place obstacles in the way of the breaking up of grass
farms, if the conditions of the market should again make it profitable. Liberty to
contract out of the Act should also be allo\^'ed in the case of holdings held by a tenant
by reason of his being a hired labourer or servant, of lettings in con-acre, and for special
or temporary purposes ; among which last we include the case of a letting to a new
tenant during the minority of the person entitled to the land.

79. With these exceptions, we do not propose that tenants entitled to the benefit Contracting out
of the changes we contemplate should be left free to contract themselves out of the new of *« benefits of
tenure ; but on the contrary, it ought to be provided that they should not. The *^® "^'^^ tenure
change, if made, would not be made solely for the sake of existing tenants, but in order mitttd^^ ^^^"
to confer upon the country the blessings of a settled harmony, to which it has long been -r-
strange. There will probably be estates, among those which have been kindly LeahT°272^22^ ^

♦O'Brien, 4171; Gamble, W., 10907 ; Ashe, 11974 j Gairdner, 20278; Scott, 22509 ; Fiost 24063-
Crosbie, 26184 ; Jones, 26937; Greer, 40055.
t Kelly, 3691;. Boyd, 4940; Gamble, 8956; Lapsley, 9005; M'Donnell, 18212,
t Hunt, 21522; White, 23222.
§ Canning, 12125 ; Browne, 12306.

II M'Eb-oy, 4631 ; Clancy, 18197 ; Starkey, 22642; Vernon, 36337
IT Murphy, 10128.

32

IRISH LAND ACT COMMISSION, 18S0.

legal part of tlie business was done for Hm : secondly, to the advantageous terms on wt
the purchase could be. made, including not merely the advance of three-fourths of k
purchase-money, but also the absenc^ of stipulations binding down the purchaserj" to
any conditions except those of abstaining from sub-division and of paying regularly^
an annual sum not exceeding the amount of his original rent. There is no prohibi.
tion ot alienation, of sub-letting, or of charging the holding with a second incum
brance ; but the purchaser is treated, except in regard to sub-division, as a full pro,
pnetor from the commencement.

Purchase ra under
the Land Act,
1870, purt ii.

87. By the Land Act of 1870 two methods were proposed to effect the same pur-
pose of facilitating the acquisition by tenants of their holdings. The first was by
i;iving inducements and facilities to landlords, whether limited owners or owners in
tec, to agree with their tenants for the sale or purchase of their holdings through- {{q '
medium of the Landed Estates Court. The Board of Works of Ireland was authomed I
1.) advance, by way of mortgage on the land thus sold to tenants, two-thirds of the
price of the land, rojiayabl; by equal half-yearly instalments spread over a period of 35
y.'ars, at tlui vaiu of £5 for every £lOO so advanced, a rate which makes the interest i
thri'c and a-half i)ci' cent, riu; terms, therefore, were, in respect of the rate of interest,
more lavonral)U> than those of the Church Commissioners, namely, three and aklfper
I'cnt. in lieu of four per cent., but the proportion to be advanced on mortgage was less—
naini'ly, two-thirds in lieu ot three-fourths of the purchase-money. There were also
stiiiii^-oiitiirovisioiis against the purchasing tenants mortgaging, alienating, assigning,
cliar^iiiL;", .sul)-dividing, or sub-letting their holdings, without the consent of the Board
of Work.s, while any part of the annuities remained unpaid; any such act was to ope-
rate as an absolute forfeiture of the land to the Board of Works. Complaint has
been made in evidence that the Board of Works extend the construction of these forfei-
tures to include the case of an assignment by will. Under the first process contem-
plated by the Act, where the vendors are tenants for life, or limited owners, the Landed
Estates Court was empowered to distribute the purchase-money in repayment of
charges upon the land, in accordance with priorities, or the purchase-money might be
lodged in court for investment in other land, subject to the same trusts, and, pending
such purchase, might be invested in consols. The land sold to the tenants under this
part of the Act was to be free from incumbrances, except rights of way, and other'
matters specified in the Act. The Treasury was directed to prescribe the fees to be
charged in respect of such sales, and the Court was empowered to apportion rents, charges
and covenants, &c., in respect of land thus sold.

8S. This first process having totally failed of effect, through the fact that the
purchase-money of singl-e holdings would not bear the cost of the investigation ot title
for the purpose of a sale in the Estates Court, an amending Act was passed in 18/^
whereby the Board of ^^'orks was enabled to make advances to tenants purchasing Dy
agreement from their landlords, upon being satisfied as to the title, without passing
the pi-operty through the Landed Estates Court. The sum to be advanced was
now fixed at two-thirds of the value of the holding, instead of the price, asmtne
Greene, 759,765; principal Act; and this apparentlv led to the adoption of a rule, dictated by the' irea-
Derham, 2448; ^^^.y ^^ ^^e Board of Works, of never advancing more than twenty years' purchase at
Bovd. 4948 ; ^j^^ tenement valuation, except after special valuation at the expense of the purchasing

tenant. A poSver was given to the Board to commute the forfeitures of the principal
Act for a sale, and to pay the balance of the proceeds to the original pui*chj«er.
The amending Act has had no better success than the principal Act. The Board 0
Works proved unequal to the task of satisf\ing itself as to the titles of estates suD-
mitted to it.

Till-' Aiiii'iiilihi;
Aef of lb72, .•!5 &
36 Virt.,c-i|i. :'>-2,

s. 1. (■•;.)

S. I. (I.)

Boyd, 4948 ;
Baldwin, 33508

S. 2.

Purcha.siT.s iin
s. 46.

S. 47.
Boyle, lL'1'41.

Ferguson, -iH^'-l
Jay, 7439.

89. The second method j-iroposed under the Land Act for facilitating the acquisition
by tenants of their holdings was by directing the Landed Estates Court, in the course
of the sale of landed property in the usual course in the Court, to afford, by the
formation of lots for sale, or otherwise, all reasonable facilities to occupying tenants
desirous of purchasing their holdings, so far as should be consistent with the interest
of the owners of the j^roperties thus dealt with. The clause for advance of two-thirds
of the purchase-money applied also to these sales, and there was a further provision
that when four-fifths of the tenants of an estate were willing to purchase, and othe
purchasers could be found to buy the residue of the estate, one-half the purchast
money of the residue might be advanced to such other purchasers collectively, 0
the secm-ity of the residue. The failure of this method has not been so signal a
Some sales have been effected, and the purchasers are well satisfle

that of Part II.

REPORT. ^^

.ch their bargains.* But it has been a failure, nevertheless. The number of sales has

been decreasing of late years, and few are now eifected. The principal reason has been

the general refusal of the authorities of the Landed Estates Court, acting in the interest

of owners and incumbrancers, to arrange lots so as to suit the convenience of purchasing

tenants. It may seem btrange that it should have been found to be for the interest of

owners or incumbrancers so to arrange the lots as to exclude one description of purchaser

altogether, and that a purchaser, as has been showu by the experience of the Churcli

Temporalities Commissioners, generally ready to give as high a price as any man.f

But the dread of being left with unsaleable residues on hand has had, perhaps, a

somewhat excessive influence in this respect.+^ Other causes have also operated. There

has been a total absence of any direct means of bringing home to the tenants a knowledge

of their rights, such as were employed with success by the Church Temporalities

Commissioners, and of cheapening their law costs, and putting them genera ly m the

way of making their bargain. The interference of the Treasury above noticed, and

the mistake, as we cannot but consider it, of introducing the Poor Law valuation

as a measure of the value of an estate, has operated to cut down the two-thiids o

the purchase-money which it was intended by the Legislature should be advanced, anrl

to put obstacles in the way of obtaining the full amount. Complexities have arisen m

cases where a portion of the holding was not let, or where the estate was incumbered,

or where easements existed, causing either delay, or expense, or both, iiie restraints

on alienation, and on charging with a second incumbrance, have caused the Board ot

Works' advances to be regarded with less favour; and that prohibiting assignment Coleman .o:U ;

by will, if, indeed, imposed by the Act, appears to be oppressive. ' ' ' -

90. These causes of failure were thoroughly investigated ^J f e Com^^^^^^^^ IreV/co.l

the House of Commons of 1877-1S78 ; and in the conclusions of the Beport piesented ^^^ Committee
by that Committee, which were ratified by a resolution of the House ot Commons of 1877-1878^
iuring the last Parliament, we desire to express a general concurrence. The principal
paragraphs of this Report are as follows : —

" « Your Committee are of opinion that it is very desirable that further facUities should be given for the
purchase by tenants of the fee-simple of their holdings. Your Committee find that, when estates are offered
for sale, there is a general desire on the part of the tenantry to become absolute owners of their_ farms ; and
they believe that a substantial increase in this way in the number of small proprietors would give stability
bo the social system, and would tend to spread contentment, and promote industry and thrift amongst „ , -. , «,

the Irish peasantry That a large proportion of the estates offered for sale m ^g 24 Robertson

the Landed Estates Court are held under fee-farm grants and leases for long terms. _ 1516 ' Bernard '

"That the apportionment of the rents reserved by these grants and the leases, and the conditions of sale as ^^^^ ; Allen '
to the indemnities consequent thereon, have increased the inconvenience of dividiiig such estates into small lots. '_ '

« That many estates are subject to annuities and jointures, and the effect of the charging orders in respect -^ > Alp ander

of loans to tenants is to displace the priority of such annuities, and, in the case of sale or forfeiture, to gg^g '. '/^ '

destroy them. Obstacles have arisen in the making of advances to tenants upon such estates, inasmuch as ^^^^ ' NoiTis'
these advances in some cases prejudice the security of such annuitants. 10'>8s'- ]\r -'l

" That the existing state of the law in respect of rights of turbary and pasturage, rights of way, and other -- • j ^'i'P^7)
easements affecting estates sold in the Landed Estates Court, has enhanced the expense of carrying out ° ; '^r '

sales to tenants in that (Jourt. ^ 0(10 1

"That the cost of investigating the titles of estates, both of landlord and tenant, and the impediments *? ^' , nn J,
;o the application of the purchase money in the cases of settled estates, or estates subject to incumbrances, ^ y^ ^■^-(■\i .
- lave seriously impeded the working of the second part of the Act. „ _ J' nncs^n \

"That on some estates the tenants hold their farms in rundale, and in detached plots, and in such cases the t''^^ qpi?//. ■"
lifficulties in lotting have been much increased. P^l+T' ^+ ^O^Qfl •

" That your Committee have no doubt that many tenants have failed to make use of the advantages offered t^^T^^ o Aofio '
;hem by the Act for want of information as to the terms upon, and the amounts for which loans could be ^^f^®\' o^^^k
:)btained by them, and that the strictness of the prescribed conditions, especially the clauses against alienation r^^ !;, '!'^' '^oi io '
md mortgage, have prevented others from endeavouring to acquire the fee-simple of their holdings. iv'^ I'^'^'^qr- ,t!> '

" That, for the purpose of effectually promoting the purchase of land by occupying tenants, your Committee -"-S^v') •' ' *•'"•
ire of opinion that, with respect to the sale of estates by the Land Judges of the High Court of Justice —
and lands are usually thus sold in Ireland — some provision must be made to meet what the evidence shows to
be the fundamental difficulty of the present system ; that is to say, the difficulty, if not impossibility (sa^-e in
rare instances), of forming the lands into lots to suit the tenant purchasers, and at the same time paying
due regard to the interests of those whose property is being sold through the Court. So long as these prac-
tically inconsistent duties continue to be imposed on one and the same functionary, your Committee believe
that no substantial results can reasonably be expected from the clauses of the Ii-ish Land Act to which their
inquiry has been directed. They therefore think that, whilst leaving to one body the function of selling to
the best advantage such estates as may be offered for sale, another distinct and equally independent body
should be constituted, specially charged -svith the duty of superintending and facilitating the purchase of their
several farms by the occupying tenants. Your Committee, accordingly beg to recommend that some properly

* M'Causland, 9271 ; Cunningham, 9412 ; Lane, 9566 ; Brown, 9805 ; Brennan, 10068 ; Murphy, 10158 ;
Warnock, 10345, 10354; Morrison, 10385; Gamble, 10895; Gaskey, 12369; Cooper, 1252:); ii^a/ce, 18749 ;
Baldwin, 32505.

+ Meagher, 2267; Morrison, 10485; White, 23167; O'Connor, 24551.

; Booth, 14326; Jones, 26941.

F

go IRISH LAND ACT COMMISSION, 1880. •

managed, where the large allowances made to improving tenants, the materials given or
sold under cost price, and the many other benefits conferred by a good landlord
would be preferred, by some at all events, to fixity of tenure and free sale. A time
mio-ht come when they would change their minds, and when it would be more diflScuIt
if not impossible, to arrange equitably the conditions on which they could be admitted
to the benefits of the prevailing law. It does not follow, of course, that all these
kindly offices will be withdrawn by the landlords who have been accustomed to confer
them. In any case it is impossible to secure to a class the benefits at once of the
patriarchal and independent conditions of tenure. The evidence shows that the amount
of rent or of annual value constitutes no satisfactory ground for refusing the protection
of the statutory tenure.*

Leases.

S. 3. (3.)
S. 4. (3.)

Everitt 27i9;
Vernon, 35341,

Guiry, 31569 ;
Vernon, 35380 ;
Longfield, 39843.

Meagher, 2239. ;
Colthurst, 30405.

80. A case of great difficulty is that of existing leases. We have noticed the general
reluctance of yearly tenants to accept leases. This reluctance has been increased by the
stringent conditions usually inserted in leases, some of them due rather, it may be
suspected, to the zealous ingenuity of lawyers, than to any intelligent notion of the right
way to promote better cultivation. In Ulster there has been a controversy, still undecided,
as to the continued existence of tenant-right on the expiration of a lease ;t tenants
maintaining that such survival was a part of the Ulster Custom, while the County Court
Judges have held that, under the Land Act, it is necessary for each tenant to prove the
allowance of tenant-right under these circumstances, as a usage applicable to his own
In the result, tenants have generally failed to establish the usage, and great

case.

dissatisfaction is expressed in consequence. On the general use that has been made of
the provision in the Land Act allowing tenancies of not under £50 value to be contracted'
out of its benefits, without some corresponding security by agreement, we look with
regret. The fact that a lease for thirty-one years bars the tenant from claiming com-
pensation for disturbance, and to some extent for improvements, has induced the
pressing of such leases upon tenants. Much discontent appears to have arisen from this
cause, and in some instances, with good foundation. Leases have been imposed on tenants
against their will, which from their legally helpless condition they could not refuse ;|
sometimes increasing the rent beyond what, to all appearance, would be held a fair rent
by arbitrators, sometimes imposing unwelcome conditions, and very commonly, since the
Land Act, barring or attempting to bar their claims to compensation, not merely for
disturbance and incoming payments, but even for improvements made by themselves,
or by their predecessors in title ; and this even irrespective of the amount of the valuation.
To make no provision for such cases would be to leave a portion of the work undone.
In the case of all leases, whether made before or wince the Land Act, the tenants
should have the right, on the expiration of the lease, to continue in occupation under
the same conditions as if they liad been tenants from year to year ; but in these cases
any demand to have the fair rent settled would proceed on the conditions laid down for
second or subsequent valuation, the rent reserved under the lease being taken to have
been a fair rent, and the inquiry being limited to circumstances which rday since have
occurred to affect the value of the holding. We propose that if it should be proved
by evidence that any leaseholder under a lease made since the Land Act, 1870, has
been compelled to accept a lease by receiving a notice to quit or threat of eviction,
and that the rent reserved by such lease is excessive, a valuation shall be ordered,
and a fair rent fixed, as in the case of a yearly tenant. These provisions should not
apply to the cases, comparatively few, where the English or commercial system has
been effectively introduced; that is to say, where a farm was handed over at the
commencement of the lease in a fit state for cultivation, and with suitable buildings, to
a new tenant, not previously, by himself or any person through whom he claims, in
occupation thereof, and who has given no consideration beyond the rent and covenants
in the lease. For future lettings of such holdings it might be lawful to exclude the
statutory tenure by contract.

*Pattevson, 1358; Eobertson, 1463; Coleman, 2293; Everitt, 2548; Erost, 24085 : Walpole, 26003;
Riordan, 26751 ; Eochfort, 33255.

t Hill, 3239; M'Elroy, 4465; Fergtison, 4750; Wrencli, 5614; Young, 5736; Perry, 6233; Quinn,
6448; Alexander, 8709; Non-is, 10215; "Warnock, 10346; Gamble, 10862; Donaldson, 11542; Craig,
12170; Hamilto7i,\i1Q'l ; Baldwin, 32463; DufFerin, 33050.

:j; Ferguson, 316; Patterson, 1282; Eobertson, 1380; Eeeves, 1989; Bowling, 2914; Eenlon, 3733 ;
Forde,7025; MnlboUand, 8335 ; Gamble, 8988; Kilmartin, 21015 ; Hunt, 21529 ; Starkey, 22595 ; Cobbett,
23886; O'Donoghue, 25029 ; Walpole, 25997 ; Lane, 26449; M'Mabon, 28575; Sherlock, 30961 ; Baldwin,
32472; Walsh, 35496; Tracey, 36290; Magber, 37178.

REPORT.

31

VI. Purchase of their Holdings by Tenants.

. 81. There appears to be a general feeling of regret that the " purchase clauses " in the
Land Act have failed. Even of those who do not believe in small proprietors, as a rule,
and who expect the eventual failure of any scheme for multiplying them to any great
extent, the great majority appear heartily to desire the trial of the experiment, and to
expect good results from it if it should succeed.

82. By the Church Disestablishment Act, 1869, the Church Temporalities Commis-
sioners were directed, when'disposing of the landed property of the Church, to give the
occupying tenants the preference of purchase at a fair market value. They were
empowered to assist tenants in the purchase by leaving three-fourths of the purchase-
money on mortgage at 4 per cent., the whole debt, including principal and interest,
being made repayable by equal half-yearly instalments spread over thirty-two years.
The interest and instalments together would thus amount to a trifle over 5^ per cent.
upon the money advanced. The property, exclusive of perpetuity holdings, consisted
of glebes and episcopal estates to the extent of 108,000 acres, in the occupation of
8,432 tenants, paying an aggregate rent of £95,430, thus giving an average for the
holdings of 13 acres, and" for the rent of £11 6s. i^d. each. The whole of this
property is now sold, except 49 chief rents, stipends, &c. Of the 8,432 holdings 6,057
have been sold to tenants for £1,674,841, an average of £276 10s. each. The price
thus obtained has averaged 22| years' purchase of the rental, which is higher than the
average of estates sold during the same period in the Landed Estates Court. A fair
price has also been obtained for the residue, of 2,326 holdings, which have been sold
to the general public. Owing to the expectation that the powers of the Commissioners
would shortly lapse, their sales have been, at the last, effected for somewhat less than
might otherwise have been obtained ; and some regret is expressed that a further
opportunity has not been afforded to the occupying tenants to purchase, by delaying
the sales of the residue to the general public.

GeiiM-al concur-
reiic:^ in approval
of the experi-
ment.

Purchasers undsr
the Church Dis-
establishment

Act.

Bernard, 1 GGy ;
O'Brien, M.,
3-27-2K

Heffernan, 31199;

Townshend,

34052,

83, It appears that the new purchasers have paid the interest and instalments of The purchasers
capital with commendable regularity.* Out of the whole number of 6,057 oiily 388 have paid up
were in arrear, according to the last returns available, to an aggregate amount of £5,914, ^^^^ ^^ ^'
and it is not expected that any portion will eventually be lost.t When this state of things
is compared with that of the arrears now outstanding on most of the estates occupied
by small holders, it will be seen that the " experiment " has successfully stood a test of
more than usual severity.

• 84. It is not denied that a portion of the tenant purchasers have assigned their right, Some have
for the most part as security for the balance of the purchase-money, to others ; or succumbed,
that several of the original purchasers have succumbed to the pressure of recent bad
harvests^ and have parted with their holdings, as well as with their proprietary right.
The fact remains that these transactions have led to no breaches of the law, and
produced no concerted refusal to pay what the purchasers, from old habit, still call
"the rent."

85. Some complaints have, indeed, been made to us that the

charges

upon glebe Some are in
lands, so purchased by tenants, are too high to allow the purchasers to live. We find distress, but owing
that this is not due to their having more now to pay than formerly, but to the recent *° recent bad
distress. It is not, therefore, a complaint specifically arising from the experiment of pur- tha^T th*^^""
chase by tenants. _ It may be difficult, in the case of such a tenant, to suggest a feasible haXg purchased
remedy for his grievance ; but in the last resort, if he is compelled to leave his hold-
ing, he will do so peaceably, by an ordinary process of sale, and will probably carry
away with him more salvage from the wreck of his fortunes than he could have obtained
under the old system by the sale of his tenant-right, where such right existed.

86. The success of this experiment is attributable, first, to the care that was taken to Causes of success
make the process easy to an illiterate man, and the comparatively low cost at which the of the experiment.

* Knipe, 3609; ShHlington, 4998; Euddell, 5223; Walker, 5359; Wrench, 5530; Quia, 5777 • Quinu

6488; Synnott, 7251 ; Fitzgerald, 8309; M'Intyre, 10774; Connison, 10920; Loucrhrey l'll40- Sinclair

, 11593 ; Haslett. 11821 ; Hemj, 11865 ; M'Kenna, 13851 ; Olpherts, F. M., 14368 'Baldwin

W., 11436

32516 ; O'Brien, 32739.

t O'Brien, 3977; Olpherts, W., 11569 ; O'Brien, M., 32738 ; Townshend, Zi06± 34087- Roche 34300-
Vernon, 35481 ; Greer, 40003. ' , owy.

32 IKISH LAND ACT COMMISSION, 1880.

legal part of the business was done for him : secondly, to the advantageous terms on -w.
the purchase could be made, including not merely the advance of three-fourths of .
purchase-money, but also the absence of stipulations binding down the purchaser to
any conditions except those of abstaining from sub-division and of paying regularlyS
an annual sum not exceeding the amount of his original rent. There is no prohibi.
tion of alienation, of sub-letting, or of charging the holding with a second incum
brance ; but the purchaser is treated, except in regard to sub-division, as a full pro-
prietor from the commencement.

Purcliasei-s under 87. By the Land Act of 1870 two methods were proposed to effect the same pur-
1870 "^rt if' P*-*^^ ^^ facilitating the acquisition by tenants of their holdings. The first was by
' ' giving inducements and facilities to landlords, whether limited owners or owners in

fee, to agree with their tenants for the sale or purchase of their holdings through the
medium of the Landed Estates Court. The Board of Works of Ireland was authorized
to advance, by way of mortgage on the land thus sold to tenants, two-thirds of the
price of the land, repayable by equal half-yearly instalments spread over a period of 35
years, at the rate of £5 for every £lOO so advanced, a rate which makes the interest
three and a-half per cent. The terms, therefore, were, in respect of the rate of interest, '
more favourable than those of the Church Commissioners, namely, three and a-half per
cent, in lieu of four per cent., but the proportion to be advanced on mortgage was less—
namely, two-thirds in lieu of three-fourths of the purchase-money. There were also
stringent provisions against the purchasing tenants mortgaging, alienating, assigning,
charging, sub-dividing, or sub-letting their holdings, without the consent of the Board
of Works, while any part of the annuities remained unpaid ; any such act was to ope-
rate as an absolute forfeiture of the land to the Board of Works. Complaint has
been made in evidence that the Board of Works extend the construction of these forfei-
tures to include the case of an assignment by will. Under the first process contem-
plated by the Act, where the vendors are tenants for life, or limited owners, the Landed
Estates Court was empowered to distribute the purchase- money in repayment of
charges upon the land, in accordance with priorities; or the purchase-money might be
lodged in court for investment in other land, subject to the same trusts, and, pending
such purchase, might be invested in consols. The land sold to the tenants under this
part of the Act was to be free from incumbrances, except rights of way, and other'
matters specified in the Act. The Treasury was directed to prescribe the fees to be
charged in respect of such sales, and the Court was empowered to apportion rents, charges
and covenants, &c., in respect of land thus sold.

The Auioiidiiig 88. This first process having totally failed of effect, through the fact that the

Act of 1872, ■■',n& purchase-money of singfe holdings would not bear the cost of the investigation of title
s\ (3*)'°^'^ ' ' for the purpose of a sale in the Estates Court, an amending Act was passed in 1872
whereby the Board of Works was enabled to make advances to tenants purchasing by
Bremum, KKi-i-t. agreement from their landlords, upon being satisfied as to the title, without passing
S. 1. (1.) the property through the Landed Estates Court. The sum to be advanced was

now fixed at two-thirds of the value of the holding, instead of the price, as in the
Greene, 759,765; principal Act; and this apparently led to the adoption of a rule, dictated by the Trea-
bT^IlUS^-^ ' ^^^^ *^ *^® Board of Works, of never advancing more than twenty years' purchase at
Bafdwia 33508. ^^^ tenement valuation, except after special valuation at the expense of the purchasing
, ' tenant. A poVer was given to the Board to commute the forfeitures of the principal

'^^ Act for a sale, and to pay the balance of the proceeds to the original purchaser.

The an\ending Act has had no better success than the principal Act. ' The Board of
Works proved unequal to the task of satisfying itself as to the titles of estates sub-
mitted to it.

Purchasers under" 89. The second method proposed under the Land Act for facihtating the acquisition

^- *®- by tenants of their holdings was by directing the Landed Estates Court, in the course

of the sale of landed property in the usual course in the Court, to afford, by the

formation of lots for sale, or otherwise, all reasonable facilities to occupying tenants

desirous of purchasing their holdings, so far as should be consistent with the interests

of the owners of the properties thus dealt with. The clause for advance of two-thirds

^- ^'- of the purchase-money applied also to these sales, and there was a further provision,.

Boyle, iL'L'll. that when four-fifths of the tenants of an estate were willing to purchase, and other

purchasers could be found to buy the residue of the estate, one-half the purchase-

Ferusou, Isii.J; money of the residue might be advanced to such other purchasers collectively, on

JayJ439. ' the security of the residue. The failure of this method has not been so signal as

that of Part 11. Some sales have been effected, and the purchasers are well satisfied

REPORT.

83

with their bargains.* But it has been a failure, nevertheless. The number of sales has

been decreasing of late years, and few are now effected. The principal reason has been

the general refusal of the authorities of the Landed Estates Court, acting in the interest

of owners and incumbrancers, to arrange lots so as to suit the convenience of purchasing

tenants. It may seem strange that it should have been found to be for the interest of

owners or incumbrancers so to arrange the lots as to exclude one description of purchaser

altogether, and that a purchaser, as has been showD by the experience of the Church

Temporalities Commissioners, generally ready to give as high a price as any man.+

But the dread of being left with unsaleable residues on hand has had, perhaps, a

somewhat excessive influence in this respect.:]; Other causes have also operated. There

has been a total absence of any direct means of bringing home to the tenants a knowledge

of their rights, such as were employed with success by the Church Temporalities

Commissioners, and of cheapening their law costs, and putting them generally in the

way of making their bargain. The interference of the Treasury above noticed, and

the mistake, as we cannot but consider it, of introducing the Poor Law valuation

as a measure of the value of an estate, has opei-ated to cut down the two-thirds of

the purchase-money which it was intended by the Legislature should be advanced, and

to put obstacles in the way of obtaining the full amount. Complexities have arisen in

cases where a portion of the holding was not let, or where the estate was incumbered,

or where easements existed, causing either delay, or expense, or both. The restraints

on alienation, and on charging with a second incumbrance, have caused the Board of

Works' advances to be regarded with less favour ; and that prohibiting assignment Coleman, 2

by will, if, indeed, imposed by the Act, appears to be oppressive. Little, 39^);

.■i;U

52.

1516
1684
1882
2013
8805
9805

90. These causes of failure were thoroughly investigated by the Committee of Report of the
the House of Commons of 1877-1S78 ; and in the conclusions of the Eeport presented House of Com-
' by that Committee, which were ratified by a resolution of the House of Commons ^^ 1877-T878 ^^
during the last Parliament, we desire to express a general concurrence. The principal
paragraphs of this Report are as follows : —

" Your Committee are of opinion that it is very desirable that further facilities should be given for the
purchase by tenants of the fee-simple of their holdings. Your Committee find that, when estates are offered
for sale, there is a general desire on the part of the tenantry to become absolute owners of their farms ; and
they beKeve that a substantial increase in this way in the number of small proprietors would give stability
to the social system, and woiild tend to spread contentment, and promote industry and thrift amongst
the Irish peasantry. ...... That a large proportion of the estates offered for sale in

the Landed Estates Court are held under fee-farm grants and leases for long terms.

"That the apportionment of the rents reserved by these grants and the leases, and the conditions of sale as
to the indemnities consequent thereon, have increased the inconvenience of dividiiig such estates into small lots.

" That many estates are subject to annuities and jointures, and the effect of the charging orders in respect
of loans to tenants is to displace the priority of such annuities, and, in the case of sale or forfeiture, to
destroy them. Obstacles have arisen in the making of advances to tenants uj^on such estates, inasmuch as
these advances in some cases prejudice the security of such annuitants.

" That the existing state of the law in respect of rights of turbary iind pasturage, rights of way, and other
easements affecting estates sold in the Landed Estates Couit, lias enhanced the expense of carrying out
sales to tenants in. that Coui-t.

"That the cost of investigating the titles of estates, both of landlord and tenant, and the impediments
to the application of the purchase money in the cases of settled estates, oi' estates subject to incumbrances,
have seriously impeded the working of the second part of the Act.

"That on some estates the tenants hold their farms in riindale, and in detached plots, and in such cases the
difficulties in lotting have been much increased.

" That your Committee have no doubt that many tenants have failed to make use of the advantages offered
them by the Act for want of information as to the terms upon, and the amounts for which loans could be
obtained by them, and that the strictness of the prescribed conditions, especially the clauses against alienation
and mortgage, have prevented others from endeavouring to acquire the fee-simple of their holdings.

" That, for the purpose of effectually promoting the purchase of land by occupying tenants, your Committee
are of opinion that, with respect to the sale of estates by the Land Judges of the High Court of Justice —
and lards are usually thus sold in Ireland — some provision must be made to meet what the evidence shows to
be the fundamental difficulty of the present system ; that is to say, the difficulty, if not impossibility (saA-e in
rare instances), of forming the lands into lots to suit the tenant purchasers, and at the same time paying
due regard to the interests of those whose property is being sold through the Court. So long as these prac-
tically inconsistent duties continue to be imposed on one and the same functionary, your Committee believe
that no substantial results can reasonably be expected from the clauses of the Irish Land Act to which their
inquiry has been directed. They therefore think that, whilst leaving to one body the function of selling to
the best advantage such estates as may be offered for sale, another distinct and equally independent body
should be constituted, specially charged mth the duty of superintending and facilitating the purchase of their
several farms by the occupying tenants. Your Committee, accordingly beg to recommend that some properly

Sweetman, 1151,
1224; Robertson,
Bernard,
Allen,
Beeves,
Alexander,
Brown,
Norris,
10283; Murphy,
10158; Scot/,
15959 ; Richard-
son, 19005 ;
Dcd//, 19050;
Hussey, 25634 ;
Crosbie, 26229 ;
Jones, 26944 ;
Colthurst, 30390 ;
Becher, 30662 ;
Baldwin, 32510 ;
Dufferin, 33168 ;
Healy, 37436.

* M'Causland, 9271 ; Cunningham, 9412 ; Lane, 9566 ; Brown, 9805 ; Brennan, 10068 ; Murphy, 10158 ;
Warnock, 10345, 10354; Morrison, 10385; Gamble, 10895; 6'a«%, 12369; Cooper, 12525; Blake 18749'
Baldwin, 32505.

I Meagher, 2267; Morrison, 10485; White, 23167; O'Connor, 24551.

I Booth, 14326; Jones, 26941.

F

'64>

IRISH LAND ACT COMMISSION, 1880.

Ferguson, 3tJ2 ;
O'Brien, 4141;
Frost, 24128 ;
Lewin, 3481:];
VeruoD, 3544 ;
Greer, 40028.

Ilemoval of
hindrances tc

Ormsby, G24 ;
Alexander, 8820
Hussey, 25391

3Errington, 13074.

constituted body should be entrusted with sufficient funds to enable them to purchase suitable estates, oi-
parts of estates, when offered for sale, with the viesv of afterwards selling to as many of the tenants as,
with the aid of advances through the Board of Works, may be able and willing to buy, and disposing of the
residues (if any), at such times, and in such manner as they may think will be most productive.

" Your Committee are of opinion that the body thus constituted should put themselves into_ communieatioii
with the tenants of properties offered for sale, in the Landed Estates Court ; should explain to them the
facilities offered by the Act ; should represent their interests before the Court in the lotting of properties
or otherwise ; and should only purchase and re-sell properties in lots as aforesaid, when satisfied that such a
proportion of the tenants are prepared to buy as will prevent any loss to the funds at their disposal."

91. We agree with the Committee in thinking that a larger proportion than two-thirds
of the purchase-money, say four-fifths, might, as a rule, be safely advanced. We agree
further that when tenants comprising one-half in value of a lot, instead of four-fifths
in value of the whole estate, are willing to purchase, and other purchasers can be found
for the residue of the lot, the advances under the 47th section might be made to such
other purchasers ; and that the benefit of these advances should be extended to sales
under the third part of the Act, that is, to sales not made under agreements between
landlord and tenant, but in open Court; also that the restrictions against ahenations
and assignments should be repealed. We add that a stile should be substituted for
forfeiture in all cases, and that purchasers should be entitled to pay off at any time
parts of the debt due, so as to give them encouragement to save for that object. There
may be conveniences in joining the functions of the Commission to be appointed for this
purpose with those of the Court or Commission to be appointed as an ultimate tribunal
in disputes as to rent ; but their functions are distinct, and the consolidation of the two
is rather, perhaps, to be recommended on grounds of sentiment and convenience, than
of any very strong expediency.

Tikynients not to
exceed original
Tents.

Greene, 877 ;
Bernard, 1804.
Baldwin, 32.526 ;

Ormshy, 515 ;
Mitrphy, 2812 ;
Hallichuj, IOC, 22.

Proposal to give
landlords the
power to compel
the State to
pnrchajse,
disapproved.

O'Brien, :3'J5() ;
Chichester, 34575;
Vernon, 35436.

Purchases of
pei-petuities by

tenants.

92. In selling to tenants, it would be well to arrange that the annual payments'-
should not exceed the former yearly rent. That this might be effected, even where th^f
tenant pi'ovides no part of the original purchase-money, has been shown in the sale of
tithe rent-charge to landowners, and it might certainly be effected where he finds one-
fifth of it, unless (which ought never to be the case) the purchase was effected at an
exorbitant price. For instance, if a holding of which the rent was £100 a-year were
bought for £2,500, the tenant providing £500, and the remaining £2,000 were advanced
him by the Board of Works, a payment of £5 per cent, upon that advance, or £100
a-year, would be equal to the original rent, and would discharge the amount of the
debt, with interest at 3^ per cent., in 35 years. If the whole were advanced, 4 per
cent, would equal the original rent, and this Avould discharge the debt, with interest at
8 J per cent., in 55 years. It is obvious that the principle of these clauses will admit
of an almost indefinite extension, if, at the highest rate at which sales of land are ordi-
narily effected in Ireland, it is possible so to adjust the loan and its repayment that the
whole of the purchase-money may be advanced to a tenant, and repaid by him in the
course of half a century, without adding a penny to his former rent.

93. It is true that if the land question is now peacefully settled, the value of land may
be expected to rise.* But at first it may rather be apprehended that a considerable
number of estates will be thrown on the market, from the inevitable distaste with
which some landlords will regard the changes which we have found it our duty to
recommend. This dislike is indeed so strongly expressed, as to have caused an expres-
sion of opinion, that it would be unjust to oblige landlords to concede fixity of tenure
at fair rents, with, above all, the right of free sale, without providing that those who
prefer it should be entitled to sell their estates to the State at a value to be settled by
arbitration.t We agree so far with this view, that we desire to see every facility
given for such sales, short of an actual compulsion on the State to take over all the land
offered them, especially without retaining any adequate control over the rate at which
the process of conversion of tenants into freeholders is to be urged forward, or over the
fancy prices which would inevitably be imposed. It is necessary not to incumber the
State with large numbers of tenants who are not willing or perhaps able to purchase.

94. Another proposal has been made, especially as being the best way of disposing of
the residues which may remain on hand, after the purchase of an estate, and the sale of
portions to the tenants. It is that perpetuities should be granted to the tenants of
estates thus purchased, either upon payment of a fine, or at such increased rent as may
be reasonable. To this we see no objection. It has also been proposed that tenants

*Hunt, 21612; Jones, 26940.

I Fowler, 3906.

REPORT. 35

should be assisted to purchase perpetuity leases from tlieir landlords.* We are of
opinion that where an agreement between landlord and tenant has been entered into to
that eiFect, facilities should be afforded to the tenant to purchase a perpetuity, and to fine
down the perpetuity rent Avhen settled, by advances of the same kind, and to the same
extent, as in the case of purchases of the fee.

95. By providing funds liberally for the purpose of purchase, by judicious arrange- Purchases by
ments for the conduct of sales, and by energetically pushing the work, through the t^^^^^^J^^J^ **"
agency of a body specially constituted to do it, we consider that means may be provided ^ J^ed!'^

for satisfying all, or nearly all, that landlords in this respect have a right to demand ;
and at the same time for rendering the experiment of proprietor-cultivators a real factor
in the social and political life of Ireland. But when all is done that can be done in this
direction, the tardiness of the process, and the many inevitable drawbacks, will still
prevent the "purchase clauses" from being the main feature in any future land system. f
'J'here will still remain the great mass of tenants and the great mass of landlords. Tlie
settlement of their mutual relation must still he the most important part of the task
before the legislature, and the substitution of other conditions for that relation will be
but secondary after all.

96. If we look forward a little, to the time when a large number of peasant proprietors The necessity for
will have been constituted, either as owners in fee, or as perpetuity tenants, it becomes ^^^^*^^*^[j ^^^^^
evident that the purchase clauses cannot by themselves afford a settlement. Some, q^_^. g^^ .
probably many, of the new owners will fail. They will borrow on their holdings, and Latouche, 984 ;
will only quit them, when the mortgage has practically swallowed up the value. The Robertson, 1519 ;
new owner will be, in many cases, a creditor ; a man who does not himself farm. He O'Brien, 3968 ;
will perhaps sell, but will most likely let the holding. The relation of landlord and ^f'J^'^^^Qgg^^ '
tenant will be reconstituted. Similarly many peasant proprietors and many perpetuity ^ ®'
tenants will become lessors. Unless the protection of a statutory tenure is alfforded to

the new tenant, the land question will speedily revive.

97. For the purpose of aiding landowners who may wish to sell, we think the Power to limited
time has come when it will be necessary to provide a remedy for the condition of owners and cor-
settled estates, by enacting. that a limited owner, whose interest is not less than an estate po^!'*!^^ to ^^'■'■
for life, shall in all cases have the same power to sell settled land in open market for the ^ " .^^r^f--.
best price, and to require the holders of the legal estate to make a title thereto, as if he ]srewmarr 2.5144 •
were the owner in fee; all limitations under the settlement and all incumbrances being Hussey, 2.5378. *
thenceforward transferred to the purchase-money, which should be invested on securities

authorized by the Court of Chancery, in the name of the Accountant-General, for the

benefit of those entitled. . The money arising from the sale of perpetuities to tenants, or

from fining down of rents as above recommended, should be subject to the same

provisions as to investment for the benefit of those interested in the estate. A similar Lefroy, 39210.

provision should be made to facilitate sales by Corporations. The Irish Society, the

London Companies, and certain charitable corporations own a large quantity of land in

Ireland. It does not appear that they compare unfavourably with other landlords.!

There must inevitably be a want of that intelligent sympathy with the circumstances of

individ.ual tenants which is shown by a good resident landlord, or even by a good agent,

but they appear in many cases to spend money freely, and not to be exacting in matters

of rent.

98. The power to advance money under the Land Act for purposes of reclamation f t i ^
should be extended to enable advances to be made to landowners for the purchase of to advance''"'^^'"*
quit-rents, tithe rent-charge, and other permanent charges on their estates, and for money to
effecting permanent improvements and drainage ; and the benefit of the section l^^idlords and
should be extended to tenants equally with landlords. If the landlord and tenant o'^To*'-
should join in an application, their joint security might entitle them to a larger advance n>
proportioned to the combined value of the landlords' and tenants' interests. ' KSnT'

* Meagher, 2268; Derham, 2477; O'Brien, 3989, 4042 ; Perry, 6289 ; Brown, 9886 : Donnell 11000-
Barry, 22053; Fitzgerald, 22323 j O'Mahony, 26575; Vernon, 35437 ; Keane, 35793 ■ Healy 3744V
Little, 39540 ; Longfield, 39876. > >^'>, -neaiy, d/443,

I Ferguson, 320 ; Robertson, 1534 ; Meagher, 2269; Hill, 3260; O'Brien, 3944; Brush 6680 ■ Wari^n.
6950; Gamble, 10896; Heron, 14051; O'Flaherty, 19433; Lambert, 19529; W 1^85 Robf. n^'
20748; Kilmartin, 20990; O'Donoghue, 25055 ; Brcsnan, 25655 ; Crosbie, 26232 • Jones 26944 iT^
27203; Bennett, 28034;. Cronin, 293i6 ; Davis, 29739 ; Daly, 30048 ; Ardagh, 3UM Soltn' ^Ir^'
Baldwin, 32166, 32505; Vernon, 35434; Johnston, 35595; Rochfort-Boyd, 39906 ' '

t Shillington, 4998 ; Osborne, 9036 ; Lane, 9507 ; Hanna, 9606 ; Brown, '9847 • Dnnnp inni« n/r •
10443; Gather, 10707; M'Intyre, 10763, 10802 ,- Meek, 12266 Brown 12294 X5 2003l'-^°''''°'''
25590, 25674 ; Pringh, 36786 ; Pyne, 38988 ; Longfield, 39828. ' ' ^°°^^ ' Srosnan

E2

, 4060
.Keane. .'15818.

36

IRISH LAND ACT COMMISSION, 1880.

Simplification of
land-transfer.

99. The transfer of land should be simplified, and the expense lessened; and local
.Registry courts should be established, at the offices of the Clerks of the Peace or else-
where, for recording cheaply and quickly all dealings either by a landlord or a tenant
with his interest in land.

Poor tenants.

Ferguson, 399 ;
Leitrim, 11316 ;
Baldwin, 32262.

Emigration and
waste lands.

Agricultural
labourers.

VII. The Condition of the Poor.

100. The condition of the poorer tenants in numerous parts of Ireland, where it
is said they are not able, if they had their land gratis, to live by cultivating it, ig,
by some, thought to be an almost insoluble problem.* Frequently however amoug
this class high rents appear to be paid ; and we may hope that in this respect
a full investigation, followed by reduction where necessary, will do something to
improve the condition of a depressed class. The solvent of free sale will do something
also. It is said, indeed, that where all are so poor there might be none to buy ; but
this we doubt. Money is generally forthcoming whenever there is a single farm in the
market. Free sale will bring a wealthier order of tenants to the soil that needs
them ; fixity of tenure and fair rents will give them a chance to thrive on it.

101. We are unable to see that any special need has been proved by the recent scarcity •'
for a great State aided emigration. Whether Ireland is capable of maintaining her
present population or not, we think that emigi'ation may be well left to the operation
of natural causes. Voluntary emigration, in the future as in the past, will be found
suflScient. We should be unwilling to encourage the idea that by pressure from without
the Irish people were induced to leave their native land. Jleither can we strongly
support the schemes, most energetically advocated, for a system of State-aided planting
of the poorer tenants and labourers upon the waste lands of Treland.f Lands which are
pure waste will never repay the outlay for reclamation ;J and those of a better class
are held for grazing purposes, and are highly prized by those tenants who have
privileges on them.§ Experience seems to show that the reclamation of these inferior
soils, left till the last in the settlement ot the country, can only be profitably undertaken
by the employment of capital which can be watched over and administered by the colonist
himself I! The State is, of all agencies, the least fitted to direct or supervise the work of
reclamation. Lands suitable for reclamation, which shall fall into the hands of the
State by the operation of the purchase clau'ses, may be made use of to try the experi-
ment, under the administration of the Commission if desired, or as we should prefer,
under the management of private individuals or companies possessing capital, with
provisions for giving a fair chance to the cultivating tenant, and for his obtaining either
the fee, or a perpetuity, or the statutory tenure in the land he might reclaim.lT The
offer of these privileges should not be confined to the actual tenants of holdings, but
should be open to the applications of industrious sons of tenants, or labourers, who
could show sufficient capital to embark in the work of reclamation. It is, however,
rather in the improvement of lands already cultivated, and in the full reclamation of
those already half reclaimed that we expect the capital of the tenant class to find, for
years to come, its most profitable employment.** If the Government saw its way to adopt
such a scheme as that suggested in the Pamphlet quoted in the Appendix F to this
Report, a great body of public opinion would be gratified by even its partial adoption.

102. The bearing of the questions committed to us for inquiry upon the condition
and welfare of the agricultural labourer, a point suggested by references in the Land
^Lct, engaged our attention early, and we have taken a large mass of evidence respecting
it. ft The subject appears to demand speedy consideration for the sake of the country, as

* Greene, 753 ; Allen, 1921 ; Meagher; 2159 ; Brooke, 11604 ; Hamilton, 14719 ; Clarke, 15708 ; Thomas,
16720; "Waters, 16850; Lyons, 17077; Jackson, 19132; O'Flaherty, 19421; Gairdner, 20304; Joyce,
21094 ; Cronin, 29350 ; Baldwin, 32142 ; Lewin, 34811 ; Dease, 37,347.

] Daly, 17689 ; Stephens, 17709 ; Brosnan, 25660 ; Murphy, 26173 ; Baldwin, 32182.

:j: O'Donnell, 17683 ; Clancy, 18192 ; Colthurst, 30397 ; Baldwin, 32250; Lifford, 36419.

§ Leitrim, 11228; Sinclair, W., 11432; Brooke, 11612; Crean, 15845; Mahon, 21:307 ■ Fitz-r-raU,
29533 ; Hegarty, 30718; Baldwin, 32188 ; Lifford, 36431.

II Cooper, 12522 ; Gore, 16963 ; M'Mahon, 28548 ; Baldwin, 32209, 32292, 32300.

IT Reeves, 2028 ; Baldwin, 32214 ; Sayers, 37456.

** Hussey, 25336.

+t Robertson, 1560; Butler, 4301; Shillington, 5397; Swann, 6160; Hanna, 8918 ; Flanacan, 9661;
Murphy, 10168; Sinclair, W., 11486, 11593; Haslett, 11837; Ashe, 12004; King-Harman 14258;
Hamilton, 14778 ; Blake, 18764 ; Gairdner, 20348 ; Hardy, 20890 ; Hunt, 21546 ; Bolster, 21727 ; Hewson,
23073; O'Shaughnessy, 23386; Newman, 25147; Walpole, 26006; Kearney, 26142; Lane, 26540; Jones,
26897; Johnson, 26979; Leahy, 27215; Bennett, 28439; Cronin, 29387; Davis, 29654- Hegarty, 20730;
Loffan, 31525; Roche, 34346; Johnston, 35632; Curling, 39422.

REPORT. 37

well as for that of the labourers themselves. We do not think that in the proposals
we have made there is anythincj calculated to intensify the poverty of the poor. The
Irish agricultural labourer and the Irish farmer are not two classes, but one. The
labourer is a farmer who is without a tarm. Wild and subversive proposals, which
tend to shake confidence in the public sobriety and drive the capital of the wealthy out
of the country, must injure most of all the man who lives by daily wages. It does
not fall to us to make suggestions for legislation for the improvement of the dwellings
of labourers, for securing them gardens, or for facilitating, except in a general way,
their acquisition of farms ; but we trust that the tranquillity which will follow on a
well-considered measure of Land Tenure Reform will be a blessing alike to all classes,
and especially to the poorest.

VIII. Conclusion.

103. The Land Act of 1S70 will be so materially affected by the adoption of the The form of the
changes we have recommended that it may be necessary to repeal it, and to re-enact land law in future,
such of its provisions as it is deemed advisable to retain. The advantage _ of having

only one statute dealing with the subject is obvious. Simplicity and conciseness are
essential in legislating on the Irish Land Question. We have found ignorance of the
law, as it now stands, in places where it might least have been expected. If it is
thought better to have a new statute, dealing with the proposed changes only, a con-
solidating Act, to embody in an intelligible form the provisions remaining unrepealed
of the statutes of 1860 and 1870, which will for the most part constitute the law
of landlord and tenant outside the statutory tenure, will be almost as necessary as the
new statute.

104. The question will be asked — if all that is here proposed were now enacted, will Prospects for th«
the tenants be satisfied, and will Ireland be pacified ? Upon this head it is well to use future.

no strong or sweeping language of anticipation. The habit of agitation, to which the
existence of just grievances has given a plea, is not unlearned in a day. There are
many to whom the concession of justice, as we deem it, will seem only the extortion of
an instalment, from the fears of the legislature, of what may yet be obtained by
'pressure ; and such, no doubt, will endeavour to continue agitating, some in the convic-
I tion that they are acting patriotically, some from less worthy motives ; but the .great
_mass of cultivating tenants, we believe, will be satisfied with the concession of the
statutory tenure here proposed. There is a familiar saying, " That it is better to give
a man the whole of what he ought to have, than the half of what he asks for." We
have endeavoured to put forward a scheme which shall avoid the error of making
up for giving one man too little by giving another of the same class too much. We are
aware that many circumstances, many rights, and many grievances, some of them, no
doubt, all-important to particular individuals, must have been overlooked. We have
not attempted to offer suggestions for the solution of all the difficulties that may arise.
It will have been enough if we succeed in strengthening the argument for attempting
a solution, in all cases, upon these two principles — to do equal justice patiently between
man and man, and to recognize by legislation the abiding and prevailing traditional
sentiment that the cultivator has a property in the soil he cultivates, to which in past
ages, legal recognition has so unfortunately been denied.

(Signed),

BESSBOEOUGH

R. DOWSE
^O'CUNOR DON
■"W. SHAW

January iih, 1881.

* See Supplementary Reports hereto appended.

38 IRISH LAND ACT COMMISSION, 1880.

SUPPLEMENTARY EEPORT BY THE O'CONOR DON.

The inquiry which we have been conducting during the last few months has been
by the very terms of our Commission divided into two branches : the one relating to
the working and operation of the existing land laws of Ireland ; the other dealing with
alterations and amendments in these laws. Upon the first branch of the inquirj J
quite concur with my colleagues in the foregoing report; I also agree in several of the
recommendations relating to the second branch ; and although I differ on what may
be considered, and what I myself consider very essential points in regard to the
remedy proposed for existing evils, T have not felt myself debaiTed from signing a
report with most of the views expressed in which I agree. In signing it I feel bound
to state as distinctly and clearly as I can the points on which I differ, and in doing so
it will be impossible for me to avoid entering into something like a criticism of the
recommendations from v/hich I dissent.

The first point to which I must allude, and which has not received, I think, the
prominence it deserves is this — that not only is the ordinary occupying tenure of land i
in Ireland insecure, but the ownership of land is confined to a few. So far as the mere '
occupation of land is concerned I do not know that the position of affairs is worse
in Ireland than in other countries ; on the contrary, I believe it would be found that,
regarding the occupier as a mere hirer of the land, his legal rights are superior, and
his security greater, than in most other countries in Europe, whilst his practical
rights — those recognised by the majority of landlords, and enjoyed by the majority of
tenants — are in excess of the rights or the security ordinarily given elsewhere.

Ireland is peculiarly a land of numerous occupiers and a very restricted class of
owners — hundreds of thousands of tenants and a mere handful of landlords; and this
in a country where not only are the tenants very numerous as compared with the
owners, but numerous as compared with the entire population.

It is estimated that there are about 500,000 tenants occupying land in Ireland —
that is to say, 500,000 families — and setting down an average of five individuals for
each family, this would give us at once 2,500,000 persons, or about half the population,
directly connected vfith the land, as occupiers of the soil ; and if to these we add all the
outside relatives of these families and all persons dependent on them, such as the small
Country traders and dealers, it will at once appear that the strength of this class is
irresistible ; that their views and opinions must be the views and opinions of the
country ; and that no matter what the law may lay down, no matter what rights
it may give against them, such rights, if not acquiesced in by them, can never be
universally enforced without giving rise to a revolution.

We must also bear in mind that these people are now educated, that they practically
possess the highest political power, that they are all able to take an intelligent view of
their own position, and that the view they are likely to take will not be one disi
advantageous to themselves. If Ireland were not united with England, if\she were lefl
to herself, there can be little doubt, I think, that with or without compensation, the existing
rights connected with the ownership of land would be swept away or greatly resferictedj
whilst, on the other hand, if we had some hundreds of thousands of owners replacing the
existing 10,000 landlords, instead of restriction on transactions relating to land, we should
have a demand for the most perfect freedom of contract. From this it seems to me to
follow that if we are to get to the bottom of the real difficulty of Irish land tenure, and
if we are to settle it on any real permanent basis, it is not merely the relations between
landlord and tenant that have to be considered and adjusted, but whether these
relations should be continued to the same extent as they now exist, and therefore, I
fear that _ any Act based merely or mainly on proposals to modify the conditions
under which the occupier is brought into relation with the owner, will be only like
the Act of 1870, a mere temporary expedient, fit for a transition period, but
containing within itself the seeds of failure as a permanent settlement. Another
slice, and _ a very large slice of what is now recognised as the legal property of the ,
owner, will be taken away without satisfying the occupiers, and above all 'without
establishing any just principles on which this transference of property should take
place. Under these circumstances, I am obliged to dissent from the recommendation!
Avhich places compulsory fixity of tenure in the first rank, and merely deals with
occupying ownership as a slow and very secondary alternative. The establishment of
a peasant proprietary or occupying ownership, first, with facilities for voluntary
arrangements for fixity of tenure in certain cases as a subsidiary measure, and
compulsory fixity of tenure and adjustment of rents as a last resort, would be my
remedy. Before stating how I would propose to carry this out, I must deal with

SUPPLEMENTARY REPORT BY THE O'CONOR DON. 3D

what I consider the serious objections to the scheme from which I differ, and in doing
so I desire to deal with it generally, as submitted to us by the witnesses, and not
merely as recommended in the report —
i 1st. I believe it would be extremely difficult, if not impossible, justly to carry it out.

2nd. Even, if established, it would not give a satisfactory tenure.

3rd. It made the general rule of the country it would be but the starting point
for a new and most formidable agitation.

And lastly. If extended to future lettings it could not be maintained or upheld
without the most disastrous legal interference with, and legal restrictions on, matters
of everyday life which I could never approve of.

- Obviously fixity of tenure would be an absurdity without some control over
rent-raising. To give the occupier the right to fixity of tenure and, at the same
^time, to allow the owner to charge what -rent he pleased, would be to do nothing
effective, as, in the words of the Eeport, it would be nugatory and absurd to confer on
the tenant a proprietary right of which the value depended on the will of the landlord.
Indeed control over rent is what has been most called for by the witnesses who came
before us, and rent-raising, rather than, eviction, has been the great grievance com-
plained of Although we might have " fair rents" without " fixity of tenure," we
cannot establish " fixity of tenure " without " fair rents ; " and it is in arriving at
fair rents that I think the greatest difficulty will be found.

' Fixity of tenure at fair rents has, no doubt, received the sanction of the majority of
the witnesses who appeared before us, and the principle involved in it has been supported
by many landlords as well as tenants. In short, a sort of general consensus of public
opinion in its favour has been claimed for it by its adherents. Unanimity of opinion
which is based on such general terms as " fair " and " reasonable " may not, however,
be so very real when we come to test the meaning placed on these words by the diffe-
rent persons using them. Can it, for instance, be truly said that there is any rea
' unanimity of opinion between the landlord who upholds fair rents, and the advocate of ,
the tenants' cause who holds the same ostensible doctrine, but who thinks that the fair
rent of land, which a hundred years ago was reclaimable waste land, should be calcu- Morton, 4684-6,
lated on the assumption that it ^vas still in an unreclaimed condition, unless the land- 4731 ; M'Kenley,.
lord could prove that all the improvements that had been made in it, had been executed JH^g '. ^°'i^J^7>
at his expense or that of his predecessors? A large proportion of the witnesses on the 10262-7 '

'tenants' side have told us that they consider Griffith's Valuation, as it is called, quite
a sufficiently high standard for a "fair" rent, and numbers of them told us that
they considered it far too high, although that valuation was made on a standard of
prices exceptionally low, and under circumstances in which it was the interest of every-
body, both landlords as well as tenants, to keep it as low as possible.* Again, rents that
have not been increased for twenty, thirt}. , or even forty years, have been protested
against as rack rents, and even where large sums have been paid for the tenants'
interest at those rents, they have still been represented as far above the standard of
-fairness. ■[ Is it likely that this is the meaning placed on the same term " fair " by the
•landlords who have advocated it, and is it not pretty certain that " fair rents " if estab-
lished must disappoint one side or the other?

' It is of course proposed by every advocate of the system, that arbitrators, or a court
of some sort, should be established for settling all disputes as to rent, and it is
expected and hoped that the cases which would be brought forward for settlement
would be few and far between, that disputes as to rent would only gradually arise
that, so arising, the decision of the arbitrators or courts would become precedents, and
the principles of these decisions becoming generally known, some cheap and summary
■way of settling disputes as to rent would be resorted to in all ordinary cases. Were we
dealing with the. land question in ordinary and quiet times, when the prices of farming
produce were up to their ordinary standard, and farming profits were in their normal
Condition, there might be some foundation for these expectations, although, even then,
I doubt whether the passing of such a law would not lead to a general commotion, but
in the present state of affairs, the making of an offer to all the tenants of Ireland to
have their rents fixed by arbitration must, I apprehend, lead to a general demand for
this. If this arose, where could the competent and trustworthy valuators or umpires
'be found ? To estimate correctly even the fair commercial letting value of land is not
an easy task.\ The valuator, or in case of arbitration, the umpire, to be competent
should be a local man, having local knowledge of the particular land he is asked to

* Everitt, 2575-2615 ; Flanagan, 9658; Leonard, 21483; Hogan, 23798; O'Connor, 24600; O'Sullivan,

24968; Lane, 26539; Carnegie, 15413; Corbett, 23892; Clements, 38643; Marum, 35907; Tracy, 36316 •

'Hpwley, 36054 ; Smollen, 36908 > Higgins, 13330; O'SulHvan, 28987; M'Elroy, 4582; O'Donoghue, 25052^

I SulUvan, 22716 ; M'Loughlin, 15483-5; Healy, 15460-3; Flynn, 13468; Higgins, 13319.

40

IRISH LAND ACT COMMISSION, 1880.

Roche, 28803 ;

M'Cormick,

36127;

Corscaddan,

38295.

Hill, 3126-30 ;
Caldwell,
10551-2 ;
Ashe, 12007-8 ;
Clements, 38609
M'Crea, 38462 ;
Lord Ventiy,
35169.

Derham, 2162-3 ;
Hill, 3144 ;
Alexander, 8722 ;
Hanna, 8940.

value, of its past history, and its capacity for production as tested by experience, and if
he he a local man he can scai'cely he free from local prejudices, local feelings, and above
all, from local suspicions. With this local knowledge, he must possess thorough inde-
pendence of all classes, and must be placed above the range of either bribery or intimi-
dation ; and one of the first and great difficulties will be to find a sufficient number of
men possessing these qualifications. Supposing a sufficient number of these men were
got they cannot be left without some general principles to guide their decisions, if they
were, there would be no end to the dissimilarity in their judgments. . Already, tJie
greatest complaints are made in regard to the decisions of the County Court Judges
on the ground that different Judges take different views, and that there is nothing like
similarity amongst them ; but the differences of opinion between men as to the value
of land, if left altogether to themselves to decide it, would be tenfold greater,

Arbitration or reference to a court for settling rent may work very well where it is
entered into voluntarily, where both sides know that it is voluntary, and where, conse-
quently, there is no temptation to make any exaggerated demands on either side, but
compulsory arbitration would almost always mean settlement by the umpire. The fact
that compulsory arbitration for settling the value of land already takes place and works
on the whole, satisfactorily, may be quoted as a proof that the sj'stem might easily be
extended, but there is a most essential difference between these arbitrations and arbi-
trations for settling rent. Where compulsory arbitration now exists the whole feeling
of the community is in favour of the person, whose property is being taken away,
getting not only the value, but something more than the value for that property, and
this is recognised by the public company or other body that is purchasing. In the
question of rent the exact converse would be the case, and there the general public
feeling would be against the person compulsorily dealt with.

The ordinary difficulties of estimating the value of land are also enhanced by the
proposal, sanctioned by most of the witnesses, that the improvements, effected at any
time by landlord or tenant, and any payment made for the tenants' interest should be
taken into consideration. Any one of these questions in itself may lead to no end of
trouble. Take for instance the question of improvements. We know that this question^
has given rise to an immense amount of dispute and litigation even under the present
Land Act; but this can scarcely give us any idea of the disputes that may, and I think
must arise, if from the valuation of the land is to be excluded any value added lo lit
by the occupier. How it will be possible to estimate this I am at a loss to conceive,
and the justice of its universal application seems to me more than doubtful. The
records of the land courts show the extravagant character of the claims made for
improvements ; but if we are to go back to an indefinite period as recommended by
some witnesses, or even for thirty-five years, as mentioned in the Report, the field for
dispute and litigation, and doubt and difficulty, will be immensely enlarged.

With respect to some land, no one could really tell except by a guess, what its value
ought to be with all these deductions. Whether the improvements are to be calcu-
lated at what they cost, or on their results, or on both ; whether they have been made
by the landlord or by the tenant, are all questions on which difficulties must arise. It
seems to me it will be impossible to separate into two distinct classes the value of
land arising out of its inherent qualities, and value added to it by works executed
thirty or forty years ago, and the effect on particular farms of such general improvements
as road making, main drainage, &c., will be most difficult to determine. Even taking
such an ordinary, well defined improvement as building a tenant's house, a question
may arise whether the letting value of the farm is increased in proportion to the cost
of the house. Then there are other classes of improvements, such as those executed
by loansunder the Board of Works, where the tenants liave paid all the instalments,
which will certainly give rise to contention unless their ownership be clearly defined
by law. It has been held by many witnesses that these ought to belong to the tenants
--although it was to the landlord the money was lent — although he undertook all the
risk, and although, if properly carried out, the land itself, by its improved value, should
have more than repaid the annual instalments.

1 will not dwell upon the difficulties arising out of payments made to previous
occupiers for their tenant-right. These payments have, in some cases, exceeded the full
value of the interest of the owner in fee, and they cannot be justly excluded from the
cakulation of rent, but how far they should be allowed will be a matter of no httle
aifhculty to determine.

iW^V ^^"^^ ^^^^^ ^*^ consider at what standard is the fair rent to be calculated. I do not
think we should be justified in recommending a general compulsory system of valuation
rents unless we were agreed as to the principles on which it should be conducted. It
would not be worthy of our position to recommend it in tlie same loose and general
way m which it has been recommended to ourselves. This would be but shifting the

SUPPLEMENTARY REPORT BY THE O'CONOR DON. *1

difficulty which we ought really to face, and would render our Report on this point
almost worthless. There is no paragraph in the Report in which I more thoroughly
concur, than that which states that a fair rent, as understood in Ireland, means a
very different thing from a full, fair, commercial rent, as understood in England. It is
well clearly to understand the full force of this admission. The fair rent must be some-
thing less — I am bound to express my own opinion — it must be something considerably
less than the fair commercial full letting value of the land. To impose the adoption of
this rent upon every owner would, in most cases, mean, not the deprivation of a mere
sentimental right, but the deprivation of very tangible property, the safe enjoyment of
which had, in some cases, been lately guaranteed by law. Private rights, I know, must
give way to public necessities, but in all cases where clearly recognised rights have
been taken away, rights which were given or purchased without any qualification, the
withdrawal of the rights or the valuable property they represented has been accompanied
with compensation.

Can it then be said that a landowner in Ireland, who has let his land up to the full
and fair commercial value, or who purchased the land when let at that standard, and
has since upheld it, has committed any moral wrong, or that his rent is an unjust one?
One class of owners of land have, I may say, been almost wholly unrepresented in the
evidence given to us, not through any fault of the Commission, for we were ready to
hear them if they came forward, but through their own abstention. I refer to the
small and new purchasers in the Landed Estates Court. They are not a very popular
class, probably not a very deserving class, they may have kept away because they
might not have been able to defend all their actions, but they represent, very often,
thrifty, hard-working. Irishmen, who have, by dint of hard work, laid by a competence
which -they have invested in land in their own country, and to many of these men such
an enactment as lowering their rents to the standard at which an easy-going, affluent,
and old proprietor was satisfied to let his land, would mean absolute ruin. Keane, 3579>.

Whether this would be just or unjust, and whether it should consequently be accom-
panied with or left without compensation really depends on the question whether a full
fair commercial rent is in itself an inj ustice, and it requires a stronger argument to
prove this than a statement of the fact that large and wealthy proprietors have been
content to do with less. Again, what would be a fair rent at one time would be
unfair at another. Had rents been adjusted four or five years ago, when the times were
prosperous and farming profits were high, there can be little doubt such rents could not
now be kept up, whilst it they had been adjusted in a time of depression, no matter how
low, they could not be raised. The bargain would thus not be an equal one, the very

; same forces which now exist to control landlords from exercising their full legal rights
would control the exercise of any new ones, but it certainly could not be beneficial to the
country, and I cannot think it would be satisfactory to the occupiers to have to look

■. forward to periodical strikes against rent, or demands for abatements in the future as in
the past. Such a system is degrading to the tenant, injurious to the landlord, and

: demoralizing to the country, and, therefore, I believe that wherever the relations of land-
lord and tenant are to be maintained at valued rents, these rents must be low, and
if they are to be variable, some self-acting principle such as is involved in the Longfield
lease would be preferable to periodical revisions.

It must not either be too confidently expected that those who are known as good land-
lords will not take advantage of any rights left to them under the proposed new law.
There is scarcely any proprietor who will not find if he takes the rents over all his
property and strikes an average that some rents should be raised and others lowered,

: and if it be the right of individual tenants to claim this average it can scarcely be
doubted the landlord in the other instances will claim it also.

One necessary effect of such legislntion as is now proposed and of all attempts to reo-u-
late by law matters which h?.d heretofore been left to voluntary arrangement must be°to
make every one assert more vigorously and carefully the rights and privileges which are
either left to him or conferred on him.

This has already been one of the effects of the Land Act of 1870, and that the same
effect will follow from further legislation we can scarcely doubt. Give the tenant com-
pulsory fixity of tenure at rents valued by law with the right of free sale and the race
of good landlords as well as of bad landlords is gone, and in place of both there will be
the statutory landlord until such time as he becom.es so obnoxious that every well-
wishing man, inck>ding himself, will desire his extinction.

1 These are some of the difficulties which will arise if universal compulsory valuation of

I rents be determined on, and they are by no means imaginary ' difificulties Examples of

t them all have been brought before us. That they have not been overlooked in framino-
the recommendations in the Report from which I dissent, I frankly admit. An

G

42

IRISH LAND ACT COMMISSION, 1880.

Marmion, 12655
Hart, 128ir);
M'Goldrick,
15285; Sullivan,
32716 ; M'Longl
lin, 15483.

endeavour is there made to take the existing state of things as far as possible as a starting
point, and the recommendation that rents, which have been regularly paid during ten
years out of the last twenty, sliould be regarded as fair, and should not be subject to
immediate revaluation, except under special circumstances, would go a long way in
meetmg many of the difficulties I have suggested. Bemembering that many of the rents
objected to before us, were rents arranged more than twenty years ago, I fear that tbe
; adoption of this principle will itself give rise to new difficulties and inequalities; bnt,
nevertheless, if the scheme of fixity of tenure, and valuation rents be made general and
compulsory, I believe some such principle must be accepted. Indeed, if I believeitie
. tenure itself a satisfactory one, I would not feel bound to urge the diflnculties against its
adoption as strongly as I have done, and where it is necessary to have recourse to com-
pulsory valuation of rent, I believe the scheme embodied in the Eeport as good a one as
can be suggested.
This bi-iiigs 11 K
at all a satis

)etuitv at a fix(;d r(_'n

licfroy, 39210;
Browne, 35193.

Warnock, 10348
Roberts, 33578.

J to my second objection, namely, that the proposed tenure would not be
u-toi'y one. It lias been suggested to us in a twofold character. It may be
a ]U'ii)etiuty at a fix(;d r('nt, or a perpetuity at a variable rent. If the former, the land-
lord is changed into a mere annuitant or rentcharge owner. He will no longer have any
interest iu or ]>(>wcf over liis property, his sole connexion with it will be to draw outof it
a (Titiiiu ilxcd ])iiyiueiit each year. The nominal owners having no other connexion with
their property, aljsfiitceism will most certainly increase, and in a very short time this
payment to the landlords will be regarded as a huge tax paid by the multitude for the
benefit of a few, whose names will, in many instances, be scarcely known to the occupiers
of the soil. If, on the other hand, the perpetuity be at a variable rent, and that
certain general rights are preserved to the landlord, the property may be of more value to
the owner, but it will equally be very precarious in its character. In its origin it may not
correspond to a copyhold, but if all the occupiers of land in Ireland who now hold as
tenants from year to year held under this tenure, there can be little doubt that before
long they would all combine to have it changed into a copyhold, and if they did so
combine, it would be impossible to resist the combination. Perpetuities at variable rents
wherever they have been tried have failed to give satisfaction. The Trinity College
leases form a notable example of this. There the tenants having fixity of tenure and free
sale with variable rents, adjusted according to the prices of agricultural produce, are
wholly dissatisfied with their position. The tenure has not led to improvements, and is
regarded as so objectionable that a private Bill is about being promoted in Parhamentto
change the variable rent into a fixed one.

Divided ownership cannot, I think, be a desirable tenure universally to create,
although where it is in existence or entered into voluntarily it may not be desirable to
interfere with it. That it would be an improvement on the present system and a stimu-
lant to exertion on the part of the occupier, I admit, although it would not be so great a
stimulant as actual ownership, but so far as the landlord was concerned it would be abar
to his doing anything for the land. The owner Avould be deprived under this system oi
the real position of an owner, whilst the occupier would not have gained that position. iM
magic influence of ownership would be taken away from both parties, no one would feel
that he was owner, and one of the stronsfest incentives to exertion would be done away
with. ,

What would be the value of the perpetual or variable rent to the owner, is alsoa
matter which has to be considered, and unless it were adjusted at a low standard, I fear it
would be almost unsaleable. A perpetuity rent, even of the most secure description, where
the rent is low and what is known as the margin of security very considerable, does not
now sell, and never has sold, at anything like the same rate of purchase as higher rents
accompanied with absolute ownership. A perpetuity rent near the fair letting value ot
the land would, in reality, be subject to all the variations and fluctuations of the times,
so far as they told against the o-wner, whilst he would be debarred from any corresponding
advantage when they told in his favour, as his hands would be absolutely tied for ever,
or during the continuance of the first term of the tenure.

This is not mere theory, it has been practically developed and proved by what has
lately taken place in Ireland. By the free will of the landlords on several estates a
practical perpetuity tenure at moderate rents has been established, and yet, to the tenants
holding at these moderate rents, abatements have had to be made just as in other cases.
If a perpetuity rent of any sort is to be established, I therefore hold that it must be at a
very low standard.

In the next place this system if universally, or even generally, established, woulc
be but the stand point for a new and most formidable agitation — this follows almos'
necessarily from what I have already written. If the tenure would not o-ive satisfactio!
to the occupiers, it certainly would not have diminished or decreased their strength. ^

STJPPLEMENTA-RY REPORT BY THE O'CONOR DON. 43

the same relationshio as to numLpr^ K->-fv'o^n ^, i • , .

in the future as the/ now axis? The swX 1^ f^ """'T''" '^'f! *' 3""''^

n +li« cn,v,A TV./,.„ • 11 '"'' "^® struggle tor absolute ownership would continue

^11 the same. The vanahle rent would, most certainly, have to be changed into a

^^ perpetuity which, in its turn, would have to give way to ownership. Hav!ng gained

V «o.^^^^«^ '^* ''i,*^^^, ^,^^^ comparatively weak, can it be imagined that when strengthened

with more than halt ownership, they would desist in the efforts to get the whole or

that the whole could be kept from them ? What would be left to the landlords even if

the rents were to be variable, would be very little worth fighting for. The first assault

- would be to turn them into perpetuities and this being done, their extinction would be

but £i matter of time.

Lastly, such a system could not possibly be kept up with regard to future lettings
without legal restrictions and interference which would be mischievous to all parties
concerned, useless for the purposes for Avhich they were created, and, in the end,
intolerable to every one. Whether just or unjust it would be quite possible at once to
make all the occupiers of farms in Ireland hold by a fixed tenure, and at a rent
arranged by valuation, but, to extend this to future lettings, would be quite a different
thing. If a man has now a holding of land in his own possession, and if he be free to
hold it or to let it, it will be found in practice impossible to prevent his getting its full
market value when he lets it. Just as the landlords in the north of Ireland who
have tried to limit the price of the tenant-right have failed to do so, money being paid
outside the office in excess of that given in presence of the agent or landlord, so would

- the law fail which attempted to fix the price to be paid for the hire or use of the land.
Just as the usury laws failed, so would this law fail, and, instead of benefiting ^the

'- persons intended to be benefited, the result would be just the reverse. Applied to

- future lettings the establishment of these restrictions would be a step backward instead
of forward — instead of freeing the transfer of land from diffrculties, they would create
new ones, and the system could not possibly last.

Even still more objectionable would be the proposal of fixity or perpetuity of tenure
as apphed to new lettings, I cannot justify the principle that a man should either
keep land in his own possession or part with its occupation for ever. This, in practice,
would be found intolerable. In the words of Judge Longfield, the public would not
. long bear a law which prevented two men from making a bargain, just in itself, useful
to the public, and profitable to both parties. A. holds a farm which he wishes to let
for a short period ; for this purpose he is willing to let it at a lower rent than if he let it
for ever. B. just wants such a farm, and it suits him better than paying a higher rent
or a large fine for a longer tenure. Will it be tolerated that the law should step in and
say this cannot be permitted, and either A must continue to work his farm in person at
a. loss or give it up for ever, and B must do without its temporary use or pay a heavy
fine which he is unable to raise. The scheme of fixity of tenure and valued rents must
be applied only to existing tenancies. Its application to them may be necessary and
justifiable, but with this its existence must cease, and once it has established a large
number of the occupiers in secure occupation of their farms it must give place again to
freedom of contract.

For these reasons I have felt obliged to dissent from some of the most important recom-
mendations in the Eeport. They seem to me to fail in having any lasting basis to stand
Upon ; but mere dissent from them does not solve the problem. The difficulty we have
really to face is this : we want to confer on the tenants of Ireland valuable rights which
' they do not now possess — rights possessing a considerable intrinsic and money value,
which the occupiers are not able fully or immediately to buy, and which cannot be justly
■: taken from the existing owners without some option or compensation. Is it possible to
, reconcile these two interests without injustice ? It seems to me to be so, but not
^ without the interference of the State, and the very considerable interference of the btate,
¥ in the way of advancing money. I beheve that with a combined system of voluntary
(/^arrangement between landlord and tenant for fixity of tenure, at either perpetuity
r rents or variable rents and compulsory sales, the problem can be met. _

The objections 1 have urged against the compulsory and universal ^f e^^/^* *^^^
l\ principle if fixity of tenure with valuation rents do not apply with so/"^«^ ^^^^ ^^'"f^^
^m which this isl matter of arrangement between the owner ^^^^ .^^^^^^^Xf: sor anv
4the owner and the occupier mutuluy agree as to the terms °\^J^^!^ P^JP^^^^^^^^^
f other form of tenure are to be granted, or when ^^^y/gjf.^.f/^^l ^^^^^^^
^any court, tribunal, or arbitration, I think the difficulty f ^^ttlmg a fan rent is greatly

''i^^^^:;^^^^:zTr^rt the se^unty of th^ w to

44 IRISH LAN-D ACT COMMISSION, 1880.

enable tenants to purchase perpetuities at low rents from the owners ; and I recommend
this not as a secondary or subsidiary proposal, but as the chief means of establishing
fixity of tenure at fair rents in such cases as it is desirable to establish it. Another
means would be to provide that where the rents are already low, if the landlord and
tenant agree to a long term at that rent, the landlord should be entitled to be paid
a certain proportion of the purchase money of the tenant's interest on the occasion of
its first sale. It would, I think, be manifestly unjust, taking as an example the Province
of Ulster, to give to tenants on estates there, where sales had not been previously allowed
the same rights and privileges as where they bad been allowed. The present occupier
on one estate may have paid 20 years' purchase for the good-will of the farm,- the
occupier on another nothing, or he may have been limited to three or four years' rent •
the landlord on one estate may have had all old arrears and bad debts paid off through
the tenant-right, the landlord on the other may have forgiven these debts in order to
have a tenant with capital coming into his farm ; and it would not be fair to treat the
one man in the same way as the other, and to allow both, without increase of rent, to sell
their farms to the highest bidder. At the same time, any immediate raising of the rent
on the farm where the tenant had not paid for tenant-right would be productive of
mischief and dissatisfaction ; and as it is desirable to have rents kept at a low standard,
this could be accomplished better by entitling the landlord to a portion of the purchase-
money on the fii'st sale of the tenant's interest.

Perpetuity of tenure at low rents, rents considerably under the full letting value,
may be sufficient in a number of cases to meet the wants of the country, and where the
landlord was willing to grant these, he should be encouraged to do so; first, by advances
to the tenant to enable the tenant at once to purchase it ; secondly, if the tenant did not
purchase at once, by entitling the landlord to receive payment for it on the occasion
of the first sale of the tenant's interest ; thirdly, by securing the landlord in all
pre-existing arrears, and by giving very quick, sharp, and decisive remedies for the
recovery of rent, or possession of the land where the rent was not paid. ,

But this, after all, I would consider but a very small portion of the scheme that I
would be required. Absolute ownership is what must be looked to as the essential \
element of any really effective proposal, and I do not think that in order to bring this ■
about it would be necessary to have universal or even general compulsory expro- i
priation of landlords. If landlords were given merely the alternative of granting I
the perpetuities proposed in the report, or submitting their estates for sale, I believe j
it would be found there would be ample field for creating occupying ownership. |
To every tenant of an agricultural holding, with certain exceptions to which I shall J
refer hereafter, I would give the right to demand the fixity of tenure and fair rents
suggested in the Report, and if the landlord refused to grant it, I would compel him to
sell to the State. The State having purchased, should then if possible, sell outright
to the occupier and establish absolute ownership at once, or should create a tenancy
convertible into absolute ownership at the earliest possible date. I believe this could
be done without any loss to the State, without the assumption of any undue responsi-
bility, and without sacrificing those private rights, which without some such system,
will and must be sacrificed.

Except in this indirect way, I do not propose any compulsory sales. Compulsory
sales in certain cases have been advocated by some of those who have appeared before
us, but it strikes me it is not so much compulsory sales as compulsory purchasers that
would be required. _ No one, I presume, would say it would be just to compel any pro-
prietor, Avhether individual or corporation, to sell, unless he or they were secured in the
full value of their property.

In every proposal that has been mooted in regard to compulsory sale, it is always
presumed that the State, which for the good of the public, compels sale, will step
in and purchase on behalf of the public, and that the seller will get the full value of
the property. _ If this be secured to the seller I do not see any unwarrantable inter-
ference with his right in compelling him to sell, especially if this be accompanied with
the alternative of granting to his tenants that security of tenure, which looking to the
general good of the country seems to be required. Certainly an owner with this option
presented to him is not at least in a worse position than if he were compelled without
an option to give the tenure above referred to, and therefore, so far as the owner is
concerned, he would have far less reason to complain of unjust interference with his
rights than if he had forced on him, without any alternative, the granting of the
perpetuities.

_ I here is no doubt, involved in this a very much larger question than the rights or
interests of the owner, and that is the responsibility of the State ; and the question
arises, whether if all the owners of land in Ireland were willing to sell their estates

SUPPLEMENTARY REPORT BY THE O'CONOR DON. 45

at their fair value, the State ought to become even the intermediary purchaser, and
buy them up with the view of selHng them to the occupiers, or making these occupiers
tenants on tenures that would be more conducive to the good of the pubhc at large.
There is also involved in this the ascertainment of what would be the real fair selling
value of the property ; and it may be urged it would be as difficult to ascertain the
fair selling value as the fair letting value, that the one hangs upon the other, and that
all the difficulties I have enumerated, in regard to settling the fair rent, would have
to be encountered in settling the fair selling value.

With regard to the first question — the responsibility of the State — I think it is to
be regarded in two aspects. First, Js it a just responsibility? is it one that the
State ought justly to undertake ? Secondly, Is it likely to be of an overwhelming
character ? With regard to the first point it seems to me to be a most just respon-
sibility. The position of affairs is this : — Under the existing law certain persons, called
landlords, have the ownership of the land of the country guaranteed to them. They have
certain rights in that land, as owners, which it is considered expedient for the public
good to do away Avith ; and if the deprivation of these rights depreciates the value
of their property, it is in accordance with all the practice of British legislation to give
compensation to the persons deprived of these legal rights, or to take up from them
their property at its pre-existing value.

If the granting of the new tenure would not depreciate the value of the landlord's
property, there could be no great risk involved in taking it off his hands, granting
the perpetuity, and then re-selling to the outside public. Until the last year or eighteen
months there was no lack of purchasers for Irish landed property when put up for
sale ; and if the new tenure gave satisfaction, and that it did not materially depre-
ciate the value of the owner's property, there would be no great responsibility or loss
involved in buying up all the property offered for sale under such circumstances. In
any case it seems to me that the change in the position of landlord and tenant being
efiected for the public good, and not for the good of the individual owner, any loss,
should loss arise, should be borne by the public ; and that therefore the responsibility
is one that might justly be accepted by the State.

It has been suggested that this responsibility would be of enormous magnitude. I
cannot join in this apprehension. I do not believe that all or the great majority of the
landlords of Ireland, sooner than grant fixity of tenure at valued rents, would rush in and
demand that their estates should be purchased. But if there were grounds for this appre-
hension, nothing could more clearly show the adverse opinion entertained by these owners
as to the effect which the new compulsory tenure would have on their relations with
their tenants. It must also be remembered that the utmost responsibility accepted by
the State, even in such a case, would be an obligation to grant this very same tenure
to the occupiers ; and if the tenure did not depreciate the value of the property there
surely could not be much risk in the transaction, as the State, having granted the
perpetuity, could at once re-sell to the highest bidder.

We have had a great number of landowners before us, and very many of them
have expressed themselves most decidedly hostile to anything like compulsory sales,
but quite satisfied to give fixity of tenure. A landloi-d committee has been formed
in Dublin, and has formulated a scheme for the settlement of the land question ;
and it is based on fixity of tenure, and compulsory sale recommended only in regard
to particular estates belonging to corporations.

I cannot suppose that all this is mere idle talk, and that if the owners had the
two options presented to them they would all prefer that which they have openly
denounced rather than what they have advocated. There are, moreover, a large
number of landlords who could not sell Avithout seriously diminishing their incomes.
The owners of life estates, for instance, who would have to invest the money arising
out of the sale in some Government securities at some low rate of interest ; and to
such as these granting of perpetuities, at either fixed or variable rents, would be
preferable. But whilst I do not think the granting of the alternative would lead to
universal or very general sales, I am certainly of opinion that it would bring a very
large quantity of land at once into the market. If I did not think so I would not
defend its being tried ; and it is mainly because I feel convinced that it would at once
enable the experiment of occupying ownership or peasant proprietary to be tried on
a very large scale that I recommend it. The experiment, so far as it has been tried
in Ireland, has, I think, been a great success. Evidence was given to us, showing that
the vast majority of the owners created under the Church Act and the Land Act
have been prospering, and are contented; and the year which we have lately passed
is one which must have severely tried the system. On all sides tenants, holding at S^Jo^^ "^^g^g'.
the most moderate rents, were receiving abatements, arrears were growing apace, and R^xddell, 5235; '

46

lEISH LAND ACT COMMISSION, 1880.

Iiityre, 10774 ;
anison, 10922 ;
ughrey, 11130.
islett, 11823;
sments, 38633 ;
Brien, 32734 ;
lith, 38458 ;
Causland,9271;
mungham,
36;

own, 9825 ;
ennan, 10068 ;
amockj 10345,
354;

Drrison, 10388;
imlole, 10895 ;
tzgerald, 24296;
)c]ie, 34300-3 ;
ner, 36579;
ingle, 36776 ;

i'Grath, 20147 ;
avoren, 2 1386-9;
■ISTeill, 38574-6 ;
Droule, 38393j
ilmartin,
)990-2.

rent-paying in many cases liad altogether ceased ; yet no abatements were made to
these purchasers, and the remarkable fact remains, that out of a rental, largely paid
by very small occupiers, only 1 0 per cent, of arrears appeared to be due to the Church
Commissioners at the end of the year 1879, and the whole of this they expected
to recover. In some individual cases the purchasers have failed, some have sold their
purchases, others are in debt, and will have to sell. This was to have been expected ;
but these cases are the rare exceptions, and that they should be so few after such
trying times, and that those few should leave tlteir holdings quietly when they found
themselves unable to retain them, are the strongest arguments in favour of the system.

I consider the option of sale, or offer to purchase on the part of the State, the most
important portion of my proposal, and by itself I think it would accomplish much of
what is wanted. Quite apart from the disadvantages arising out of insecurity of
tenure on the part of the occupiers, I believe the disadvantages of having the ownership
of land held by a mere handful of the population are in themselves most serious.
Security of tenure has long been the demand of the occupiers ; it will soon be the turn
of the owners to cry out for the security of their tenure, and their security will be
most unsafe unless it be largely participated in by the mass of the population which
now really governs the country.

In undertaking sucli a purchase, the State must of course be secured against having
to pay more than the real value of the land, and one of the first conditions ought to he
that the purchase-money should not be of a character to tempt the owner to part
with his property mainly with the view of getting a fancy price for it. In arriving at
the value of an estate offered for sale it would not be fair to proceed altogether on the
basis of the existing rental, and, therefore, it would be necessary in some cases to
have a valuation of the land irrespective of that rental, and here we may have to
meet with the same difficulty as would arise in valuing for a fair rent. The difficulty
is undoubtedly of the same nature, but not at all to the same extent. The valuation
of a rent for the purpose of purchase will be found much more easy than a calculation
of rent for the purpose of an annual payment. One of the greatest difficulties in
arriving at a fair rent as between landlord and tenant, on a uniform scale all over
Ireland, will be that such uniform scale would necessarily result in many raisings of
rents. This difficulty certainly will not exist to the same extent, and it may not exist
at all in regard to lands purchased by the State, and that because the State can afford
to take much lower rents than anyone else, and to do this without any loss. The
difference in the rate of interest at which the State can raise loans and that required
by any private individual being the explanation.

This may be illustrated by an example : Let us take the cases of two holdings on
different estates of really the same value — the one let at £90 -a year, the other at
£110 — the true letting or fair rent of each let us suppose to be £100 a year. If
perpetuity of tenure at fair rents were to be established, the one tenant's rent would
have to be raised £10 a year, whilst the other would be lowered £l0, and even if this
gave satisfaction to the one man the other would be certain to be dissatisfied ; but if
instead of this the State were to purchase the two holdings at 22|^ years' purchase of
the fair rent, and to charge interest say at four per cent., there would not be the same
dissatisfaction. Each holding would cost £2,2.50, and four per cent, on this would
equal £90, so that the one tenant would have his holding for the future at the
same low rent as before, and the other would have a very considerable reduction
—from £110 to £90.

I believe that in order to become the actual owner of his holding, the occupier would
be willing to pay a larger sum than for a perpetuity lease, and that there would be less
dissatisfaction at the rents being fixed at their fair value in such cases, than where the
occupiers were still to continue as tenants. Again, there is something in the very
certainty of the amount which has to be paid or received which renders it much more
easy to determine than if it is a recurring payment in the future. A lump sum paid
down at once as the price of a commodity is much more easily arrived at by arbitra-
tion or valuation than a periodical payment for the use of that commodity. Averages
also could be taken more easily into account in the one case than in the other. The
selling value of land should be ascertained by taking into account its average value
over a certain number of years. It would not be fair either to the seller or the pur-
chaser to calculate on an exceptionally high year or an exceptionally low one. The
same principle ought to apply in calculating the rent at which the land ought to let;
but it wouldbe far more difficult to apply it. In estimating the present rent to be paid
it would be impossible to give satisfaction by arranging it on the basis of an average of
years, as such rent, at the present time, would appear too high, and, on the other
hand, it would be unjust to fix it at the low standard of an exceptional period. If it be

SUPPLEMENTARY REPORT EY THE O'CONOR DON 47

granted that the land question in Ireland cannot be settled except on the basis of low
rents or low annual payments, payments under the real letting value ; and if this basis
cannot be taken without loss to the owners, I think the interference of the State is
absolutely necessary. It does not appear to me that the credit of the State would be
injured even if a considerable sum of money should be lost in these transactions.
Millions of money have been scattered broadcast in upholding the dignity of England
in Abyssinia, in trying to teach the Turk a lesson of good government in Cyprus, and
in attaining a scientific frontier in India, and yet the credit of Great Britain has not
been impaired, and I am bold enough to believe that even if some millions were
lost in pacifying Ireland the money would not be thrown away, nor the credit of the
Empire lessened.

What I therefore suggest is, that a commission should be appointed, with ample
funds guaranteed by the State, to purchase up, at a fair selling value, all the
estates offered for sale by the existing owners ; that, having purchased these lands,
they should be resold to the occupiers wherever tlie occupiers could pay down in cash
one-fifth of the purchase-money, four-fifths being advanced at annual payments, such
as would extinguish the principal and interest in a given number of years, which I
wovild suggest to be thirty-five.

Where the occupiers are not able to provide one-fifth of the purchase-money, they
should either have perpetuity grants made to them of the lands at a fair rent, and
these perpetuities should be sold to the public, or the perpetuity grants should be
made to them at an annual payment which would repay four-fifths of the purchase-
money, interest and principal, in thirty -five years ; that this should be paid to the Com-
mission simply as interest or rent, until such time as the first sale of the tenants' interest
took place, when, out of the purchase-money, realized by such sale, the original one-fifth
should be paid to the Commission, and that from that date the re-payment of
principal should commence. I propose this mode of repayment because I believe
that although many occupiers could not now, or at once, advance any portion
of the purchase-money; yet, on the first sale of their interest in the land, ample
funds would be forthcoming. In proof of this I refer to the enormous sums now
paid for the tenants' interest in Ulster. Under this proposal, taking the example I
have already given, if a holding worth £100 a year were purchased for £2,250, and
the tenant was not able to pay one-fifth of the purchase-money, or £450, his annual
payment should be fixed at five per cent, on £1,800, or £90, which should be regarded
simply as interest or rent, until such time as the £450 was paid to the Commission,
after which time the re-payment of principal should commence, the payment of the
£450, if not previously made, being obligatory on the first sale of the occupier's
interest.

The probable immediate results I' would anticipate for this scheme are the follow-
ing : — First, that a very large quantity of land would be at once brought into the
market, and rendered available for peasant proprietary. Secondly, that the land so
brought into the market would to a great extent be the property which it_ would be
most desirable to take from its present owners. Thirdly, that these operations would
not be confined to any particular district or portion of Ireland, but would be general,
and make its influence felt everywhere. And lastly, that the absolute ownership thus
conferred on such a large number of proprietors would have such a general
wholesome effect, that even the relations between the occupiers and owners where
sales did not take place would be greatly benefited. That a large quantity of land
would, at once come into the market for sale, and that on very reasonable terms,
cannot, I think, be doubted. But if, by any chance, this turned out not to be the case,
I would be quite prepared to go further and compel sales. Where a property was
incumbered to a certain proportion of its absolute value, I would compel its sale,
and then the requisite amount of land for peasant proprietary could be easily got, but
before having resort to this compulsion, the offer of general purchase should be
first tried, and I cannot doubt it would be found quite sufficient.

In the next place the estates that would be offered for sale would be just those
which it would be most desirable to have sold. Most probably if the alternative
of granticg perpetuities at fixed or variable rents to the tenants, or of selling to
the State were offered to all proprietors, the old established residential owners,
between whom and theirtenants,feelingsof good-will had always existed, and who had
always asked for only low rents and permitted practically fixity of tenure to exist, would
'come to an arrangement voluntarily, with their tenants, and would grant legally what
they had previously been in the habit of allowing. Neither landlords nor tenants in
such cases would like to part company. Some general rights of ownership, such as
rio-hts of shooting, rights over bogs, quarries and minerals could be reserved to the

48 IRISH LAND ACT COMMISSION, 1880.

owner, which would give him an incentive to retain his land even on the altered con
ditions. Lowness of rent and fixity of tenure being secured to the tenant, he, too,
would be satisfied to remain in his present position. .

The case would be different with the new purchasers ; the men known as the rack-
renters. Those who had no interest in the possession of the land, beyond that of getting
the most they could out of it. They would be almost certain to sell even if they had
to sell at a loss compared with the prices which they themselves had paid. The first
loss to them would be better than a perpetual loss in getting only a Ioav rate of interest
for their money, and having all the expense and perplexities of collecting an unwillingly
paid rent. Again, where estates were heavily incumbered, most probably an amount
sufficient to pay off the incumbrances would be sold, and one of the gi-eatest disadvan-
tages of the present system where land is nominally owned by one man, and is in
reality the property of another would be done away with. Outlying townlands, distant
from the residence of the owner, and the estates of absentee proprietors who took no
interest in their property, would probably be amongst the first to be sold.

This would also take place all over Ireland; it would not be confined to any par-
ticular district or county, and everywhere throughout the length and breadth of the
land, occupying owners would be established, influenced by every feeling that actuates
the human breast to maintain and to uphold the rights of property, a state of things
which could not but affect even the relations between landlord and tenant where these
relations still continued.

Of course in opposition to this the financial difficulties of carrying it out have to be
considered. For the State all at once to become as it were the landlord of the
majority of the tenants in Ireland would be a most serious responsibility, and if the
occupiers were to refuse to pay the Government a very serious state of affairs might
arise.

This is really not to be apprehended and it could be met effectually, if apprehended,
by placing a limit on the price beyond which the State would not go in purchasing pro-
perty. Assuming, however, as we are bound to assume, that a very large amount of
property would be sold, where is the money to come from, and how is the repayment of
interest and principal to be secured ? 1 believe a great deal of the money could be found
in Ireland itself A large amount of money is now lodged on deposit at very low
interest at the banks, and if land debentures were created, guaranteed by the Govern-
ment, and bearing interest say at three and a half per cent. , and issued for very small
sums, I believe they would be largely taken up through the country.

In order to secure this it might also be provided that the landowners selling their
property should take a considerable portion of the purchase-money in these debentures.
What is wanted is not so much a large amount of money as the guai'antee of the State,
and if this were once given there would be little difficulty in finding capital.

The next question which arises is, Whether this could be safely given? If it were
necessary that the Government should directly stand in the position of landlord to a vast
number of occupiers, I think the objection would be a serious one, but here again I think
local machinery might be introduced. The example of other countries might be imi-
DufFerin 33168 ^^^ed in this respect. In the evidence given to us by Lord Dufferin, the course pursued
by Russia under somewhat similar circumstances was quoted to us, and by making
some such local unit as the poor law union responsible for the payment of the annual
instalment, I think this difficulty could be got rid of

The course which should have to be provided would be to transfer to the union autho-
rities the duties of collecting the annual payment from the occupiers, and in default of
payment by any individual occupier, to make the rateable property within the poor law
union responsible, giving of course to the authorities the most summary powers of seizing
and selling the interest of any defaulter.

_ The result of this proceeding would be, to make every occupier of land within the
district, and every man who had paid his own instalment, interested in having the pay-
ments punctually made ; and, instead of public sympathy running in favour of the
defaulter, it would run in exactly the opposite direction. Moreover, every man who had
invested his capital in any of the debentures, would also have a stake in the country,
and become little desirous to see any revolutionary changes.

^ When once these perpetuity holders or occupying owners are established, other
difficulties will still liave to be met. Every one interested in the well-being of Ireland,
must desire that some check should be placed on subdivision or subletting. Excessive
subdivision of land has been in many instances one of the greatest curses of the country ;
yet it will be extremely difficult to prevent it unless the habits of the people change,
and that greater intelligence and foresight is produced by the new position in which
they will find themselves. Subletting might possibly be prevented during the time

SUPPLEMENTARY REPORT BY THE O'CONOR DON, 49

that 9-ny instalment of purchase money was due to the State, and both it and subdivi-
sion should be strictly prohibited.

Theoretically, I am opposed to any unnecessary interference with the rights of the
new others, m disposing of their property, and practically I fear it will be next to
impossible toprevent subdivision so long as the people themselves look to it as a means
of providing for their famihes, and to a change in their habits and views we must look,
in the long run, for a remedy. '

One of the curious anomalies of the present state of affairs is, that whilst the Land
Act places penalties upon subdivision and subletting, the common law of the country
seems to encourage subdivision. The Laud Act makes subdivision penal, and yet it has
created a property, which, by the common law of the country, is divisible, in case of
intestacy amongst all the children of a deceased tenant. When a tenant dies intestate,
if the land be not divided amongst all the family, it must be sold and the profits of the
sale divided amongst them, so that either division of the land, which is subject to
penalties, or sale of the holding, to which the tenant has no right, should legally be
resorted to in many cases. The difficulties arising out of this have been adverted to by
many witnesses, and these difficulties will exist with regard both to perpetuities and
ownerships, unless by law one person is made to inherit the whole.

This_ brings prominently forward a fact which is well worth noting, and that is —
that with a perpetuity tenure and free sale, and a prohibition against subdivision, the
land of the country, unless the law of primogeniture prevents it, will in a very short
time be held at its full market competitive value. Landlordism, with its full rights, is the
only system under which, in the long run, land, Avithout subdivision, can be held by the
occupiers at a less rate than its full competitive value. With free sale replacing the
landlord's control, on the death of every occupier, where no will is' made, either the
holding must be subdivided, or it must be put for sale, or one of the family may get it,
paying to the other members of the family its full market value.

As a check against sub-division it has been proposed that power should be left to
the landlord to prevent it, either by ejectitfg the tenant or compelling a sale. It is
worthy of notice, I think, that this very provision may have the opposite effect to that
which is intended. It is intended as a check against sub-division, yet it gives to the
landlord what may turn out to be an induce^nent to permit it. To him is still left the
privilege of prohibiting sub-division on the part of the tenant, but this is a privilege
which of course could be waived, in consideration of a money payment, and it may turn
out that it will be the only, real means left to a landlord of getting an increased pay-
ment for his land under a perpetuity at either variable or fixed rent. There can be
little doubt that in many cases the tenant, anxious to sub-divide, would be willing
to make a payment for it ; and, under the nominal prohibition, there is, therefore, so far
as a landlord is concerned, a sort of premium on sub-division.

■ Sub-division or sub-letting, where the State either directly or indirectly stands in the
position of the landlords, will, I admit, be very difBcult to prevent. It would probably
be most effectively prevented by giving a legal right to the sub-tenant or persons
with whom the land is divided, to claim the whole holding, but whether such a severe
remedy as this would be thought just or expedient I do not undertake to determine.

If any of the proposals which I have recommended be adopted, it is scarcely
necessary to add that very enlarged powers of sale must be given to limited owners,
that the interests of remaindermen and mortgagees, will have to be carefully looked
after, and that all the proposed proceedings will have to be carried out through
a Court specially provided for the purpose. Even the establishment of these occupying
owners will not be nearly sufficient if the laws relating to the charging and transfer of
land remain as complicated and expensive as they are, and no reform of the Land Ques-
tion in Ireland can be complete without a very great simplification of the law relating
to land transfer. This in itself is such a large question, and it has occupied the attention
of so many special commissions, that it would be impossible to deal with it properly here,
although it is by no means one of the least important questions which have to be dealt

with.

To recapitulate, then. The scheme which seems to me most likely to meet the present
wants of the country is one, first, securing occupying owners on a large scale through-
out every part of the country ; secondly, securing a certain class of tenants fixity of
tenure at low rents, with the right of free sale ; thirdlj^ simplifying as far as pos-
sible the dealings in connexion with the transfer of land. _

It remains now to be considered what class of occupiers in Ireland should be
entitled to claim these rights. I do not think they, should be granted at once to every
accidental occupier of the land. I cannot recognise any claim founded on justice or
even expediency coming from a man who hired the use of land a few years ago

H

52 IRISH LAND ACT COMMISSION, 1880.

In the conclusion of the Eeport 1 most cordially join, and although I may differ in
some points as to what the Irish occupier most wants, no one is more desirous than
I am that he should receive everything to which he is justly entitled, and no one is more
decidedly of the opinion expressed in the Report, that unless the expected new Land Bill
is a full and exhaustive one, going to the root of the whole matter, and settling it perma-
nently, it would be better not to interfere with it at all.

O'CONOR DON.

10th January, 1881.

SUPPLEMENTARY REPORT BY W. SHAW, ESQ., M.P.

Owing to the early meeting of, and the important business that engages the attention
of Parliament, I have not been able to attend the recent meetings of the Commissioners,
to discuss the clauses of the report in detail. I think it necessary, therefore, to reprint
the first suggestions I made as a basis for a report, with explanation. Had I been able
to attend, I would have moved the omission of some clauses in the report, and the
alteration of others ; viz. : — clauses 31 and 32 ; the clauses dealing with the question
of rent, clauses 48 to 56, inclusive; and several minor statements, arguments, and
implications, scattered through it. But agreeing, as I do, with the main recommenda-
tion of the report, that is, the legalizing of the three F's, and a large scheme for estab-
lishing tenant proprietors, I sign the report.

I propose :

A. Land Tenure.

1. That no tenant of an agricultural holding in Ireland shall be disturbed in his
holding by his landlord so long as he fulfils the conditions of h's tenancy, viz., pays
the rent, does not waste or dilapidate, does not unreasonably divide or sublet.

[This should extend to the whole of Ireland, and to all classes of agricultural holdings.
I am opposed to the exceptions in the report and in the Land Act. Such exceptions
are sure to work injustice, as with townparks in Ulster, which, before the Land Act,
were subject to tenant-right. So with grass farms; in many cases they have been
brought to their present state of fertility by the outlay of the tenant. The Land
Commissioners (to be constituted under the Act now to be proposed), should have
power to decide on any particular case or class of cases, such as natural grass lands and
temporary lettings, whether or not they should be excepted. The Commissioners
should also decide in cases where the landlord sought to resume possession. He
should state distinctly the grounds, but in no case should it be allowed for the
purpose of re-letting for agricultural purposes. In case the Commissioners decide
in favour of resumption, they should av/ard the tenant full compensation for his loss.]

2. That when a dispute arises between the landlord and the tenant of an agricultural
holding as to rent, in case it is not settled by agreement or arbitration, the question
shall be referred to the Land Commissioners who shall have at their disposal a staff
of competent and experienced assistants.

3. That, in ascertaining what is a fair rent, they shall take into consideration the
natural qualities of the land, the average prices for the last seven years of the articles
principally produced on the farm, the cost of production, and any other circumstance
ihat may affect its rent-paying power ; also any outlay made by the landlord within
ten years calculated to increase the productive power of the holding, and for which
he has not been recouped in rent or otherwise, but shall not take into considera-
tion any improvement made by the tenant in or on the farm ; and that, as periodical
valuations impede improvements, the Commissioners shall fairly value all just rights of
the landlord, and fix a fair perpetual rent on the holding.

[It is clear from the evidence that the question of rent is the great grievance and
difficulty with the tenant farmer, and there is a remarkable concurrence of opinion in
favour of having some outside tribunal to arbitrate on the subject between landlord and
tenant, when a difference arises. It is evident that Griffith's valuation could not be
taken as a fair measure of rent all over Ireland without great injustice, both to
landlord and tenant. Neither is it possible, if it were desirable, to make a new general
valuation available for rent purposes. After giving the subject the most mature
consideration, I am compelled to differ from the recommendation in the report, and,
instead of periodical valuation, would fix the rent at once and perpetually. Periodical
revision will leave the question still unsettled. We shall have periodical excitement;
we should have tenants allowing the farm to run down at the end of the term ; we
should have improvements discouraged, and a strong feeling in the minds of the people,
ignorant and suspicious, that in their revaluations the landlords would manage to mani-
pulate matters in their own fiivour. There would be, moreover, a great and increasins:
difficulty for any valuators to disentangle and separate the separate interests and

SUPPLEMENTARY REPORT BY W. SHAW, ESQ., M.P. 53

elements of value. By fixing the rent you give the strongest motive possible to
miprovement. All doubt and uncertainty are taken away from both landlord and
tenant. The one has a fixed income and fixed security, much preferable from any
point of view, to a variable one; and the other can throw all his energy and capital into
his farm, with the feeling of absolute security. It is objected that in fixing the rent thus
you must value the landlord's prospective rights to an increase, and that this will lead
to an advance on the present rent— this is not my opinion. Are rents likely to continue
high, or to increase, as long as free trade legislation is not reversed, and in- face of the
immense and increasing imports from America? The sooner landlords realize the
facts and necessities of their position, the better.

If, as I propose, the tenant is enabled to fine down the rent by money advanced to him
at a low rate of interest, the landlord will be relieved, and the tenant's annual payments
"will be lessened.

Again, it is objected, you reduce the landlord to the position of a rentcharger by
fixing his income ; you remove all motive to exertion in the improvement of his estate.
There are exceptions, but as a class landlords have in the past contributed but little
to the improvement of the country. The land of Ulster has been won, by the indomitable
energy and industry of its people, from the mountain and the bog ; and the rental of
Ulster has enormously increased within the century. So with the rest of Ireland.
But the outlay of the landlords, even on their own showing, has been small. They
have taken their share of, but have contributed little to national prosperity. In
fact they have not been and are not able to do much ; they are largely encumbered.
You are not cutting off a class of improving capitalists from interest in their property ;
and they still have a strong motive of self-interest, to induce them to assist in general
and local improvement. They have a fixed preference share, and can make it, instead
of a doubtful, a first class security. Looked at, then, from the point of view of the
landlord, the tenant, and the general interests of society, I have no hesitation in
strongly advocating the settlement of the rent at once and for ever.

It may seem unjust to force the fixing of rent on landlords and tenants against their
will ; and of course, if they agree to remain under the system of periodical valuation,
they should be allowed to do so. But, in the general interests of society, the State
should encourage the fixing of rents ; and where the perpetuity rent had been fixed by
agreement, by arbitration, or by the Commission, money should be advanced, on very
easy terms, to bring the rent to a moderate figure, making it, in fact, a head-rent ; the
landlord still retaining his ownership in fee, and his connexion with the property.]

4, That any leaseholder of an agricultural holding, the lease of which has been
made since the passing of the Land Act, may claim a reduction of the rent reserved
in his lease, and shall lay before the Commissioners the grounds on which he claims
the reduction, and if they consider the grounds as stated sufficient to justify an inquiry,
they shall give notice to the landlord, who may lodge a counterclaim, and the Com-
missioners, after inquiry, may, if they think fit, vary the rent reserved.

All agricultural holdings now held under lease should, on termination of the lease,
come under the Act.

All clauses and conditions in leases and agreements inconsistent with the Act
should have no effect.

5. That all agricultural tenants shall have the right of selling their holdings to the best
advantage, the landlord to have the right of reasonable objection to the incoming tenant.

B. Land Purchase.

1. That to carry out the provisions of this Act a Land Commission shall be con-
stituted, consisting of , with a staff of Assistant Commissioners, and all
questions and disputes arising between landlord and tenant shall be referred to them
for settlement.

2. That as it is desirable to give greater facilities to enable tenants to become owners
of land, a sum of I. shall be placed at the disposal of the Commissioners, with
power to issue debentures for any further sum that may be required.

[The Report does not give any distinct recommendation as to the machinery by
which the Act is to be worked. I think the evidence proves clearly that the non-success
of the Act of 1870 arose very much from the unfitness of the County Courts and the
Board of Works to perform the duties assigned them. The Judges of the County Courts
had, with few exceptions, no knowledge of the questions affecting land. Their decisions
varied. The expenses were heavy, especially on small holdings, and the results uncer-
tain ; and no machinery more unsuitable could be named than the Board of Works to
carry out the purchase clauses. I fully beheve that the success of any new_ legislation
will depend in a great measure on the establishment of a high-class commission with
ample power, who shall have the settlement of all questions and disputes relating to land

50

IRISH LAND ACT COMMISSION, 1880.

Mr. J. Hegarty,
30746 ; Mr. B. L.
Fell, 30208 ; Mr.
Vernon, 35330,

Professor
Baldwin, 32411-
21 ; J. Hegarty,
30695-99

rents in unscrupulous hands ; and^ although I admit that in adopting the suggestion
of a system ot arbitration for the settlement of disputes as to rents and other matters
of valuation, I am endorsing an interference ' with rights of property and freedom of
contract, open to grave economical objections, and which to the great majority of land-
owners who have not abused their powers, will, I have no doubt, appear unwarrantable
yet, having regard to the mischief which the unjust exercise of the power has
occasioned, I can come to no other conclusion than that, in any proposed alteration of
present rents, whether at the instance of landlord or tenant, when the two parties
cannot agree, the question should be left to arbitration, with final reference, in the event
of the arbitrators being unable to agree upon an umpire, to a Land Court, or Commis-
sion, which should be appointed for that and other purposes. It will, I think, be
apparent that, if the Government see fit to interfere in the question of rents, they are
bound to substitute for the landlord's power which they displace an impartial tribunal
which will command the confidence of the public and that they are further bound, as
essential to the fair settlement of the rent question, to have a new general valuation
of the country. If anything has been clearly established on evidence during this
inquiry, the fact that the present Government valuation is not a dependable standard' for
the settlement of rents, has been most thoroughly demonstrated. Fair as it may have
been for the purposes of taxation in the years when it was made, the evidence shows
that even then it was considered as below the fair letting value of the land ; and this
fact is corroborated by the written testimony of the late Sir Richard Griffith, who Was
head of the Commission, as well as by the evidence of many other trustworthy and
independent witnesses.

I must add that I am opposed to the attempt to draw out any rules for the guidance
of arbitrators in their task of determining what a fair rent may be, further than the
general instructions which are in justice too apparent to require mention, that the
improvements effected by the tenants should be fully credited to them, as well as that
any expenditure made by the landlord for a like purpose should be put to his account.

The evidence has, as might be expected, proved that the great desire of the tenant
farmers is for fixity of tenure and free sale. It is urged in favour of these that the first
exists in practice on all the large well-managed estates, and that the second is onlya
logical sequence of it, that in fact the Land Act in clause 3 gives an interest, and that
a vendable interest, and that therefore no very great practical change in the circum-
stances now existing on the largest portion of the lands in Ireland would be the result
of the concession. It is further urged, on the grounds of the importance of giving to
the tenants full security in the enjoyment of, and compensation for, the improvements
they have made, and this argument is, in my mind, the only one of real weight in this
matter, backed up as it is by instances of hardship, and oppressive action on the part of
some of the small proprietors, to whom I have already alluded. In the shibboleth of
agitation, "Fixity of Tenure" and "Free Sale" are coupled together as if they were
one term, but I cannot regard them in that light. The Land Act, while giving com-
pensation for disturbance which some call an interest, leaves the sale of that interest
subject to the landlord's power of eviction, and it is idle to assert, that because a land-
lord from_ right feeling gives to his tenants the right of continuous occupation, so long
as they discharge their obligations towards him, he thereby conveys to them the right
to sell their holdings. To give fixity of tenure by law, although a very considerable
and arbitrary interference with landlords' rights, would not it is true involve any great
practical change as regards the majority of large landowners (provided it was given to
the tenant under certain approved conditions) in their present relations with their
tenants ; but to extend at once to all parts of the country the right of free sale would
be in those districts not now subject to clauses 1 and 2 of the Land Act, a very im-
portant change, and a very material and practical interference with the rights of
property, and, therefore, it appears to me simpler to try to deal with two questions
separately.

First as to fixity of tenure — It is contended, that the Land Act in clause 3, admits
the principle in the case of certain holdings by giving the occupiers a claim for dis-
turbance if turned out by the act of the landlord for any other cause than non-payment
of rent, the fact is clear that it does so within a certain limit of duration. But it
does not give interminable fixity of tenure, and the proof of this is to be found in the
Act itself. A lease of thirty years is made the equi-s^alent of a disturbance claim, and
the landlord by giving that can free himself at its expiration from the penalty on the
recovery of the possession of his own land. It is therefore I think clear, that any Act
of the Legislature giving to the tenant perpetual fixity of tenure would be foreign to
the principle of the _ Act of 1870; those who advocate its extension as an existing
prmciple would be in my opinion much more logically correct in adducing as their

SEPARATE REPORT BY A. McM. KAVANAGH, ESQ. 57

example, or warrant for this argument, the numerous cases on the old estates where
the tenants are never turned out so long as they pay their rents, but whether it is right
or just to depriye good landlords of a right which from good feeling they seldom if ever
exercise, because some bad ones abuse it, is a question I must leave Parliament to
answer. However that may be, the change would not be one, as I have shown, which
would practically interfere with rights often used— this has been in fact admitted by
the majority of large landowners, who have given evidence before us, and the advisa-
bility of the general extension of the principle has been endorsed by not a few of
them, as also by many agents of great experience on behalf of others, as well as by
County Court Judges and other independent witnesses ; in short there ha;s been much
less disagreement on this point than I was at all prepared for, and if I was only
acting for myself, and if my own interests were alone at stake, I should have no
hesitation in agreeing to their recommendations. But on the other hand we have a
number of the largest landowners whose estates have been always managed on the very
best principles, whose opinions are fairly represented by the evidence of Lords
Lansdowne and Dufferin, who while never arbitrarily exercising their power entertain
the strongest objection to legislative interference with it. In this view they are
supported by the evidence of Mr. Ferguson, q.c. County Court Judge, who while
wishing to extend the principle considers it would be destructive of ownership and
difficult to compensate the landlords ^for it, and although my own opinion is what I
have stated, I can not disregard the unmistakable weight and truth of such evidence,
and what I believe to be the fact, that had it been possible to receive further evidence
on the subject many landlords would have come forward to endorse it — the circumstance
that they had not that opportunity I regret the more, as I may naturally enough
perhaps be held responsible for it.

Under all these circumstances, I am not prepared to recommend the general extension
of fixity of tenure. My opinion on the most material point remains unchanged — that the
Land Act, as it now stands, does not give sufficient security to the tenant, and that it is
both just and expedient that this security should be increased. But it seems to me
that there is another mode of attaining the same end and of giving practical security of
.tenure to the tenant, without such a direct and sweeping interference with the rights
of property as the first would involve ; and that mode is to stand by the principles laid
down in the Act of 1870. By some of the County Court Judges it was recommended
to increase the penalties on eviction in clause 3, and by others to abolish all limit,
leaving the amount of the penalty to be inflicted altogether to the discretion of the
court, and where they deemed the justice of the case required it, to refuse to give a
decree for possession. This, it was asserted, would have the efiect of giving practical
security of tenure to all tenancies coming within the provisions of that clause. Some
substantial extension of this power I am quite prepared to recommend, so far as 34393 ^^''
residential occupiers are concerned, believing that, without conveying to the tenants
a direct share in the property of the landlords, which, granting "fixity of tenure,"
undoubtedly would do, it would confer upon them that practical security to which the
majority, from the peculiar circumstances of their positions, are fairly entitled to. But
I am bound to add that, although I recommend its application only to existing residential
tenancies and not to bona Jide new lettings, there is no concealing the fact that the
recommendation, if successful, will practically deprive the landlord class of the, rights of
both reversion in and control over the majority of holdings on many properties. For
the arbitrary interference with which by the State it is only just that they should receive
fair compensation.

As to the extension of free sale, although the majority of the evidence of tenant-
farmers has been in favour of it, there has not been the same unanimity of opinion on
this as on the former point. Some— few, I allow — looking farther than the present,
have objected to the tax which the universal extension of free sale would impose upon
those anxious to obtain land in the future, and in this view they have been supported
by the evidence of both the landlords and a,gents who have had the most experience
in the working of the different phases of the Ulster custom ; so that even in the North,
where the custom of sale exists already, the wisdom of removing such limitations as are
now in force is not unquestioned ; and when we come to the proposal to make the
extension universal — to create it de novo in districts where no trace of it has ever existed
— ^the difficulty, if justice or fair play is to be considered, is most materially increased. Mr. J. La Toucl
It is further shown by those whose views are not solely limited to the benefit of the 930-945 ; Mr. ,
present occupiers, but who consider the prospects of the future, that such a general ^^^^'^1^>
extension would not only limit the future possession of land to those who have capital, 6525-7- R^(
and thereby preclude a very considerable portion of the population, whose only capital Quinn^ 5737. '
is their labour, from the possible chance of its acquisition, but would saddle all future

58 lEISH LAND ACT COMMISSION, 1880.

Mr. R. L. Fell, tenancies with a rack-rent — no matter how liberal or indulgent the landlord might be,
30315 ; Professor as the rent reserved to ?him would only be a portion — and it might be only a small
Baldwin, 32422- portion— of the true annual charge to which the holding would be subject, as the
Mr J La Touche interest on the sum paid for its acquisition, although a voluntary imposition on the
946. ' tenant's part, must necessarily be added. I am bound, therefore, to say that, having

regard to the future, I fail to see that its general extension must necessarily convey the
unmixed blessing to the commonwealth which some anticipate. That the general
evidence of the tenant-farmers is in favour of it is only natural, as they are in the status
of present occupiers, whose position would necessarily be much improved, and cannot
therefore cause surprise. Evidence was given by one or two labourers and by some
other witnesses on their behalf^ and the tenor of it was, if I remember right, opposed
to the farmers' claims, with whom they seemed to have no great common interest;
but to pursue this subject now would be to go into the great question of the over-
populated and poverty-stricken districts, which I must reserve for another part.

On the other hand, the evidence in favour of its extension has been based upon the
assertion, which is I believe a fact, that on the majority of holdings, the improvements,
if such they can be called, if not altogether have been chiefly made by the tenants, and
that without the right of sale, in the event of their leaving they would not adequately
be compensated for them.

It was further urged in favour of its extension,* that the custom already exists on
many estates outside of Ulster, those of Lord Devon, Lord Portsmouth, and Lord
Portarlington, were specially named, and on them it was proved, that it worked
admirably, stimulating improvements, producing contentment, and rendering eject-
ments almost unnecessary for the recovery of rent — some landlords and not a few
agents believing that these results would be the natural consequences of its further
development advocated it, and in this they were supported by the evidence of
many of the County Court Judgest — other landlords I'egarding it chiefly from the
point of view of affording to them increased security for their rent, and as a possible
temporary sop to agitation were inclined to acquiesce, yielding more perhaps to the
present pressure than to what they deemed the justice of the case; but with very rare
exceptions all classes of witnessesj agreed that where no payment had been made,
either by the occupying tenant or his predecessors, for the acquisition of the good-will
or improvements, the landlord should receive adequate compensation for the transference
of the right, and it was as generally admitted that the landlord should have a right of
veto to protect himself against the intrusion of objectionable characters upon his estate.
Except by some few graziers themselves, the extension was not advocated to those
kinds of holdings, as regards them it was asserted that a man's capital was all required
to stock his farm, and that it was not desirable that it should be absorbed in the pur-
/*Ir. S.jJ. Allen, cliase of the good-will, and as to improvements on them it was asserted that in the
1355; J.E. Vernon, real permanent sense of the term, there could be and were none, and it was further
'^■' stated that even if the right was extended to those, or indeed to any very large

class of farms, the price they would fetch would be small, as the competition was
limited.

I have now, as shortly, as fairly, and as clearly as I can, given the pros and cons
which were adduced by either side on this great question, for I regard it as about the
gravest and most difficult that was submitted to us ; for my own part I must ^say that
I entertain no disinclination whatever to extend this right to the majority of holdings
on my own property, although 1 have spent very large sums myself in the improve-
ment of them, and I must confess that strongly as 1 was opposed to its general extension
before I entered upon this inquiry, the evidence I have heard, and done my best to
sift, has convinced me that doing so would confer more advantages on the present
occupiers than disadvantages on me. I can say, moreover, that I would be glad to
see its appHcation made general, if it could be justly done, behoving that it is the
simplest and most efficacious way of giving that perfect security to the tenants which
I do think, where the improvements are all or mainly their own, they ought to have,
and giving that would, I am of opinion, be such general advantage to the country, that

* Mr. J. Sweetman, 1160 ; Mr. R. Reeves, 1903-9 ; Mr. A. Kirkpatriok, 3793, 3356-7, 364-7
t E. De Moleyns, q.c, 132-140 ; R. Ferguson, q.c, 331, 332, 333, 392-395 ; A. Hamill, q.c, 4262-3 4300 :
Mr. E. O'Brien, 3933, 4018, 4032 ; Mr. F. Wrench, 5601 ; Mr. S. J. Allen. 1351-4 ; Mr. T Robertson' 1430 :
Mr. R. 0. Bnish, 6675 ; Mr. J. E. Barrett, 30566; Mr. J. K. Sherlock, 30947 ; J. 0. JSTeligan o c 34378

t Mr. T. ShiUiugton, 5151, 5165; Mr. E. O'Brien, 4110, 4170-3-4; Mr. S. J. Allen 1361-2 • Mr' W.
Simpson, 3343, 3350; A. Hamill, q.c, 4267; Mr. F. Wrench, 5603-4; Mr. J. E. Barrett, 30566 •' Professor

SEPAKATE REPORT BY A. McM. KA7ANAGH, ESQ. 59 ■

the landlords might be content to make some sacrifice to attain it — in those districts
where the improvements have all been made by the tenants the difficulty or injustice,
so far as the landlord's rights are concerned, is not so glaringly apparent, provided the
power of using a veto on their part is preserved against an objectionable incoming
tenant, but in pther districts where enormous sums have been spent by the landlords in
improving their properties— on some few properties it has been proved that the English
system exists in its purity, the landlord having made all the improvements— and on
holdings where tenant-right formerly existed, and has been brought up by the landlord,
instances of which have been proved, its extension or re-establishment would, in Professor
my opinion, be simple confiscation, and an unwarrantable and arbitrary interference Baldwin, 32448-
with rights of property which the circumstances could in no sense justify. I am, ^^'
therefore, on these grounds not prepared to recommend its absolutely general, or
universal extension, so far as those special districts to which I have referred are con-
cerned, without the free consent of the landlords themselves. The majority of the
witnesses who advocated its extension to those districts where it did not already exist,
coupled their recommendation with the condition, as I have already stated, that the
landlord should receive adequate compensation for the transference of the right. This
principle I maintain is strictly a just one, and it is only subject to it, that I am
prepared to recommend the extension of the right of sale to those holdings now coming
under the provisions of the Land Act, where the tenants have made all or the chief part
of the improvements.

With these three safeguards which I have now recommended, i.e., the check upon
raising rents — ^giving increased power to the court in reference to evictions, where such
apply to residential occupiers— extending to all holdings now under the Land Act, upon
which the improvements have been made by the tenant, the right of sale, I believe the
position of the present occupiers, or their representatives, would be such that they
would have nothing to fear from the action of any landlord, no matter how harsh or
unscrupulous he might be ; but, on the other hand, I am bound to add that, although
in weighing the evidence I have endeavoured to eliminate all revolutionary proposals,
my three recommendations do involve very arbitrary and material interference with
the rights of landlords to which many would entertain, and with every reason, the
strongest objection, and that if the Government see fit to adopt them, or to propose
legislation in their direction, that proposal should be accompanied in fair justice by
an offer of purchase at a fair price guaranteed by the State from those landlords,
of either the whole or such portions of their estates, as they objected to have
such made applicable to. And I think it will be admitted that my position in
urging this is much strengthened by the fact — which in my opinion is proved in the
evidence — that so far as the management of the large estates is concerned, and it is of
importance to remember that they comprise the greatest agricultural and pastoral
area in the country, no change in the present law would appear to be called for.

On the subject of the "North," and the different customs existing there, much evidence
was given, as distinct from the question of the extension of the right of sale to those
districts where such does not now exist. In my opinion it was shown, as I have already
stated, that the exercise of the power of raising rent on the part of the landlords,
where' unduly used, was the grievance most severely felt, and that I would hope the
proposal for the settlement of disputes with regard to rents, by means of arbitration,
would fully meet ; but still, as is only natural in a system so complex, there were other
points brought under our notice, such as office rules, which, although distinct from the
rent question, affected more or less directly the value of the interests involved. The
most important named was the custom existing on many large and well-managed estates,
of limiting the price to be paid for the tenant-right. On this point there was a great
conflict of opinion, those in favour of it asserting that it afforded most material and
salutary protection to the incoming man, keeping the price to be paid from reaching
the exorbitant amount which it was often proved to do on account of the reckless
competition (especially in the case of the smaller holdings) for the acquisition of land.
Instances of almost incredible sums thus paid were freely given ; the natural consequence
was also dwelt on with much force— that in the absence of some limitation a purchaser
had often not only to spend all his own capital, but had to borrow largely, thus starting
with a load of debt about his neck. To my mind the economic principle is indisputable,
and the rule a most salutary one. But on the other hand I ana bound to admit that the
weiffht of evidence was clearly in favour of its abolition, and by the weight of evidence
I do not refer to numbers— some landlords and many agents of the greatest practical
experience, admitting the wisdom of the principle, condemned its working as almost
impossible. It was asserted, indeed I might say proved, that where a limit was

60 IRISH LAND ACT COMMISSION, 1880.

attempted to be enforced, sums of money were invariably paid outside the office in an
underhand way, and the limit utterly disregarded. It was further shown that the
attempt to enforce a limit was a source of an immense amount of soreness and discontent
among the tenant class. It was contended on their behalf that a man could only sell
what he had, and that any attempt to lessen or limit the value of that was most unjust.
On Colonel Forde's estate especially, and on some others, what would appear to be a
most satisfactory system of settling this point by means of arbitration, was shown to exist,
and, perhaps, the proposal for settling disputed rents might be found applicable generally
in this case also. If it did command the confidence of the parties interested, it would
certainly appear to me to be the wisest course, in the interest of the tenants themselves,
to adopt; but if it did nob, and the feeling of discontent and soreness was likely to be
continued, I think, in the interests of the landlords, it would be better that the rule
should be abolished.

The question of the method of sale, " public auctions v. private sales," was also one
upon which there was a good deal of difference of opinion, and on this I think the weight
of evidence, even in the tenants' interest, was more against than for the public sale.
It was urged, and I think with great force, that the excitement of public competition,
sometimes increased by fictitious offers, often induced buyers to make bids which in their
cooler moments they would never have done, and recklessly to incur liabilities which
most materially embarrassed their future, and it was further shown that the highest
bona fide price could always be obtained by either private sale, or what is termed a
private auction — a species of sale which it appears is customary among them, neither
of which are open to the objections urged against the other. On these grounds I am
clearly of opinion that the landlord's right to forbid public sales by auction should be
retained. Another point was as to the landlord's right of selection of the incoming
tenant. By all sides it was admitted that he should have the right of veto, to protect
himself against the introduction of objectionable characters or insolvent tenants upon
his property. But it was further urged that he should have the power of giving the
preference, if so inclined, to a tenant on his estate. This would appear to me to be a
very reasonable and natural discretion to give him, and provided, but only on that
condition, that the value of ithe tenant-right was not lessened thereby, I would be in
favour of the preservation of that right. There may have been other points referred to
in the course of the evidence relating to the Ulster Custom, but as I do not pretend to
make my report an exhaustive one, I have only attempted to touch upon those which
appeared to me to be of real importance, and of those there is, I believe, only one more
that I need mention, and that is securing to the Northern tenant resident on his holding
the continuous occupancy, or security of tenure, which I propose to give to tenants
under the same condition in the other disti'icts, and that I believe would be achieved
by the Act as it stands, with the extension of power that I suggest should be given to
the Court under clause 3. The Act, in clauses 1 and 2, gives to the tenants under them
the right to claim under any of the other sections of the Act, which would clearly allow
them, in the event of an eviction, to come before the Court under the extended powers
in clause 3, when the Court could leave them in possession by refusing to grant a decree.

Having by these recommendations, as I believe, thoroughly protected the interests of
all the present occupiers now coming under the provisions of the Act of 1870, and their
representatives, I am most decidedly of opinion that for the future all bona fide new
lettings, whether within or beyond the same scope, should be subject to entire and
absolute freedom of contract.

Powerful evidence was given to show that in the present lawless state of affairs, the
fairest and justest landowners were not sufficiently protected in the enforcement of
their most obvious rights, and in any change of the law, increased facilities should be
given for the assertion of just rights, and for the summary punishment of those who
by terror or otherwise interfere therewith, or retake the possession of lands which
have been legally given up to the landowner. If the evidence shows that under the
existing land code, tenants were not sufficiently protected from some hardships, it also
demonstrates that under the same law, landlords have been unable during the past few
months to assert any rights whatever.

I do not feel called upon to discuss the present agitation, or the proper mode of
dealing with the prevailing anarchy, or whether it should affect the selection of a period
for legislation in reference to land, or to speculate upon the effect which any such
legislation might have upon the present critical estate of afiairs. These grave topics
demand the earnest consideration of Parliament, but appear to be outside the scope of
our reference. It must be borne in mind that the present development of the agitation
IS not reflected by the evidence given by tenant-farmers some little time ago before us,

SEPARATE REPORT BY A. McM. KAVANAOH, ESQ. 61^

and that tlie proceedings of the Land League meetings give a representation of opinion
in favour of the most extreme communistic and revolutionary views which no legislature
can fulfil or satisfy.

To every one who has either heard or read the evidence it must be apparent that there
are circumstances_ existing in some parts of the country requiring both stringent and
immediate remedies, which satisfying the popular cry for the " Three F's," would not
touch. Evidence of the strongest nature was given during the inquiry of a condition of
affairs existing in the West and other over-populated districts, which the establishment
of fixity of tenure, even coupled with free sale would, in my opinion, only perpetuate,
without alleviating. It is contended that by the granting of the right of free sale these
small holdings would be ultimately absorbed, and so the present evil would be removed.
But inasmuch as the whole population of these districts are paupers, I fail to see who '
•would be the purchasers, unless the purchase by outsiders is contemplated, which would
only have the effect of making a change in, not lessening, the population, or establishing
a class of middlemen which has been unanimously condemned ; but, even if there was
this local absorption assumed, the process would be so slow that the country would
have to undergo many of its past trials before the remedy could be ejBficacious. . In my
opinion, the circumstances of these over-populated districts can only be dealt with by
State interference, in the way of a liberal and humane scheme of emigration, by sending
the people out in charge of their ministers to the large and fertile districts of unpopulated
land in Western Canada, where homes and the means of acquiring their living could be
provided for them, such as they could never have in this country, and opportunities
would be afforded to enlarge the holdings of those who remain behind.

A scheme was proposed, and strongly advocated by some witnesses, that these
crowded districts should be relieved of the surplus population by transplanting the
people to the tracts of waste land in different parts of the country, where they should be
paid as labourers by the State until these lands were sufficiently reclaimed to support
them ; but 1 must say it is a recommendation that I could not take upon myself the
responsibility of endorsing. I believe, if they are to be moved (and I can see no other
<3ure for such cases), emigrating them to good lands is a much wiser course than
migrating them to lands as bad, if not worse, than those they left.

Much evidence was also given as to the labouring class, and the condition of many of
them shown to be bad, both in respect of their dwelhngs and means of support ; but no
practical suggestion that I can call to mind was offered for their amelioration. The
giving to them gardens and dwellings, which some suggested the Church Surplus Fund
-should be devoted to, would only be planting them on plots insufficient for their support,
without placing any more certain means for earning or gaining their subsistence within
their reach. They (the labourers) are not incorrectly described as small farmers with-
out farms,; and I fear a change in the present land law, which makes the possession of
a certain amount of capital a "sine qua non" for the possession of a farm, will not do
much to improve either their present position or their future prospects. In my opinion,
the reason of their poverty and want in many districts where small holdings are in the
preponderance is the fact that small farmers are simply labourers with farms, who do
not require extraneous aid to till their farms, and, therefore, save in the seasons of
seed-time and harvest, in such districts, the labouring classes who depend on labour only
for their support must always suffer more or less acutely from the want of employment.
Gne of the effects of the Land Act of 1870, as shown by the evidence before us, was that
it had stopped many landlords from spending money in improvements on their estates,
and I greatly fear that the further interference with their rights now suggested must, if
adopted, have a much more marked effect in that direction, and, insomuch as it has, the
future prospects of the labouring classes in the way of obtaining employment must be
injuriously affected. It is only another, although a less extreme, phase of over-
population, I and can only see relief in the same, although a less extensive, application
^f the emigration scheme.

PEASANT PEOPEIETOES.

This subject has been touched upon by almost every witness, and the evidence has J^'- ^ Bernard,
been as conflicting as voluminous. While originally in favour of it when I entered upon (yComd 3061 ■
the inquiry, believing that in the common sense view of the matter an owner of property Mr. T. Knipe, '
of sufficient size to afford to him an adequate subsistence, would be opposed to revolution, 3645 ; Mr.
and anxious to preserve what he had, and that by creating such a class in Ireland, fr^^f^^'"'^^^*'
we should be adding to the ranks of those interested in the support of law and order, ir^aWtV "
and diminishing the numbers who are now at the beck of every agitator, no matter 19448 ; Professor
iow wild his theory or communistic his principles, I must admit that considerations Baldwin, 32510;

6%

IRISH LAND ACT COMMISSION, 1880.

Mr. Ashe's
evidence of the
state of the
Vintners'
property.

Mr. St. George
Johnston, 35595.

Mr. Ashe.
Mr. La Touche,
1054-5 ; R.
Ferguson, Q.C.,
333-4 ; Mr. Allen,
1322-24 ; Mr.
Boyd, 4937,4953-
59 ; Mr. J.
Hegarty, 30723,
et seq.

Mr. Sinclair ;
Mr. J. Bveritt,
2578 ; Mr. A.
Derham, 2368 ;
Mr. Young, 5973;
Mr. Wrench,
5530-3.

Mr. Bernard,
1573-9 ; Mr.
Allen, 1736-90;
Mr. T. Knipe,
3609, 13 ; Mr.
T. Dowling,
2904-6; Mr.
M'Murrongh
O'Brien, 32744
and 32789.

Mr. Quinn, 5769,

Mr. Robertson,
1522-3.
Mr. Everitt,
2629 ; Mr.
Murphy, 2815 ;
Mr. Wrench,
5540 ; Mr.
O'Brien, 3948 to
59 ; Mr. S.

M'Elroy, 4647 ;
Mr. O'Connell,
3061 ; Mr. Blake,
18757.

R. Perguson, q.c,
334 ; Judge
Ormsby, 547;
J. La Touche,
932-37 ; Mr. J.
Hegarty, 30723,
et seq..

Mr. La Touche,
999.

Mr. Wrench,
5596.

of a very weighty nature have been urged against the scheme by those who view jfc
from the point of its possible, if not probable, results, and their opinions, it is only
fair to say, are formed from the experiences of the past. As illustrations of their views
the examples of the old perpetuity leases have been given us in evidence, where the
lessees holding on grants for ever at a nominal rent, have been, so far as the queis-
tion is practically concerned, in the same position as owners in fee ; and the condition of
those properties now have been cited as exemplifying what the result of peasant pm-
prietors would be, and if they can be taken as a fair example of what the result of a futijlr©
experiment in that direction would result in, I think that even the most ardent advocate
of that scheme would not consider it as encouraging. By the evidence it is shown thait
very few of the representatives of the original lessees are now in possession; ruined by
idleness and extravagance, their grants soon passed into the hands of mortgagees
who, looking only to gain, let and sublet, divided and subdivided their lands, till ov^
population with its consequent ills of never ceasing want and periodical famine were
stereotyped in those districts, and even in the few instances which remain of the repre-
sentatives of the original lessees still continuing in possession, the condition is no better.
It is shown that as occasion arose for each owner to make provision for his family the
same course was adopted, till the successive increase of each generation reduced the
holdings to a size utterly inadequate to the support of those depending on them for even
a bare subsistence. The difficulty, almost impossibility of preventing subdivision under
such a system has been dwelt upon by many witnesses, while the danger of it has
been admitted by almost all.

The condition of those who have already become purchasers of their holdings under
the Church Commissioners, and the Bright clauses of the Land Act, has also been the
subject of very conflicting evidence ; by some the present position of many is described a*
worse than before they bought — the late bad seasons — the small area and bad land of
some of the holdings— the high prices which were paid, the large amount of costs/
especially of purchases made under the Bright clauses — the high amount of interest
charged when the amount to be paid down by the purchaser had to be all, or partly,
borrowed, being, aniong other causes, given as the reasons, and it certainly does seem a
reasonable assumption, that when a purchaser has to borrow all, his position can not be
improved by the change.

On the other hand, it has been shown that many have prospered well, and that in
such cases the sense of contentment and security has resulted in a very marked degree
in the great improvements of their allotments. As might naturally be supposed, this'
satisfactory condition is almost entirely limited to those, who having money of' their
own, were saved from the necessity of going to the money lenders to provide the
amount^ required by the Acts to be paid down and their success would clearly seem to-
be due in a greater degree to their own thrift and industry, which enabled them to save
this money than to the fact that they were saved the high rate of interest to which
others had to submit.

Varied however as the opinions have been upon the subject, the weight of evidence;
has most unmistakably gone in favour of, subject to certain safeguards and hmitations,
what may be termed a gradual scheme for the establishment of tenant proprietors in
suitable localities throughout the country. The proposal which some very few I admit
— advocated, for the Government to buy out all the landlords in Ireland, in order to
resell the lands to the tenants, was one which was almost unanimously condemned not
only as unpracticable, but in the highest degree injurious, and is in my opinion altogether"
too wild, even to admit of discussion.

The suggestions as to limitations and safeguards in carrying out the gradual scheme-
were many, but may I think be summarized under a few heads. First subdivision
w^ admitted by_ almost all to be the great danger to be guarded against; the great
difhculty almost impossibility of its prevention was urged as an insuperable obiection
against the scheme at all, and it must be apparent that great difficulty does exist in the
future. So long as any of the instalments of the purchase-money advanced by the
State remain unpaid, the provisions of the Acts are stringent and cogent enouih to-
prevent it, and it is only after that, when under the present law, all State control
WOTild cease, that the danger would arise ; on this point it was suggested that the
ditticulty would be met by making these sales to the occupiers, grants from the Crown
subject to a nominal perpetuity rent (which would warrant a small reduction in the
first cost to the purchaser), and to a condition against subdivision or subletting in fact
against alienation of any part less than the whole ; it was further su^ffested 'on this
point and I think wisely, that the purchaser should not be prevented f?om mortaao-ina-
or selhng his interest, so long as he dealt with the whole; interference with either
of these rights, would certainly appear to me to be both unjust to the purchaser and itt.-

SEPABATE REPORT BY A McM. KAVANAGH, ESQ. 63

no way necessary for the security of the State ; if mortgaged before the instalments
had been paid off, their priority would not be interfered with, and if sold the same
conditions that were binding on the original purchaser, would continue so on his
suoeessor.

2nd. As to fixing a minimum limit to holdings that were to be sold to occupiers,
a considerable amount of evidence was given, and varied opinions expressed as to the Rev. Thos.
smallest, quantity of land upon which a family could subsist — some witnesses were of Meagher, 2103
opinion that ten acres was sufficient, but the majority named the minimum as between Mr. Robb, 540'
twenty and forty acres ; others maintained that sales should not be made to holders lyr a j) .t,
of less than fifty acres, and others named 100. The question is a difficult one, but of 2365 ■ Mr. Kr
:not the less importance to the well-being of the country, if the scheme of a peasant 17045 ; Mr. B.
proprietary should be seriously entertained by. the Government. It would, in my Deane, 31034.
opinion, be worse than a dangerous experiment to establish owners on plots of ground
which were not of either sufficient size or quality to support them, it would only be
tending to perpetuate the misery and want which now exists in many districts, its ^qifio "^ m'*''
only recommendation is the chance that in the future these small owners would be Halliday' 196;
obliged to sell, and that gradual consolidation would ultimately remedy the evil ; but Mr. J. Gardne
to establish a system the only recommendation for which is the chance that it might 20323.
-die out, is hardly a commendable policy. As to the other class of holdings, of from
twenty to forty acres, I certainly would be in favour — where thrifty industrious men
CQuld be found able to provide the necessary proportion of the purchase-money them-
selves^of affording them facilities to purchase their holdings, subject to the safeguards
I have mentioned — when estates were brought into the market provided the sale of
the remainder was not thereby prejudiced — or where landlords of themselves were
willing to sell; but while I would afford facilities to them, I must confess that it is ^^'JH,^^^^^^
the establishment of the larger class of holders, of from 100 acres upwards, that I ]y[j. ;r, Reeres
would most strongly approve of, and it is from men of that class that I think the most 1920.
material benefits to the community would be derived.

A modified scheme of establishing a peasant proprietary was dwelt on with much force jyjj.. e. O'Briei
by some witnesses, in which they recommended that the State should advance money 3990-4000 ; ]\
to tenants to purchase long- leases or perpetuities from the landlords at the present or George Hely,
reduced rents, and in favour of it I must admit there is a good deal to be said ; it t) oyqL
would facilitate and encourage a lasting agreement between landlords and tenants which '

would remove their relations out of arena of dispute, and would contribute to the peace
of the country. Many landlords, I have no doubt, would be willing (where they had
the power) to grant long leases or perpetuities, at reduced rents if they received any
fair consideration for doing so, and others whose rents are admittedly now much below
the value, would be ready on a like condition to do the same — the case of limited -r , ^
owners would be easily dealt with, and the interests of remaindermen secured by law. 5)^4 ^^m^e ^
It might moreover be found to be a very valuable alternative to offer to landlords who O'Brien, 3939
not wishing to sell their properties objected to the other interferences with them which Mr. O'Connell,
have been suggested. The suggestions on other points were many as might have been ^^\} ^^^- ^•
expected from the number of witnesses examined — such as to the further facilities which Rev T Mea^h
it would be advisable to afford to those desirous of purchasing their holdings, as to 2168-70 • Re-?
the removal of limitations and restraints existing under the present law, or under rules Quin, 5774.
made by the Board of Works and other matters.

As to the first, it was contended by many that the larger proportion of the purchase ^^^ q q^j^
money recommended in the Report of Mr. Bhaw Lefevre's Select Committee, might safely 5775. " '
be advanced by the State, more especially in the North, where there would be the
^ additional security of the value of the tenant-right.

By others it was submitted that thrift and industry should be made a necessary
qualification to entitle would-be purchasers to aid from the State, and that no advance
should be made to those who could not provide out of their own resources the amount
required to be paid down, and, although it is not easy in a case of this kind to devise a
hard and fast rule which would not be subject to objections, it does seem to me that
some test or qualification of this sort would be of use.

A considerable amount of evidence was given as to the different systems of purchase
under the Church Temporalities Commissioners, and the Bright Clauses of the Land Act,
carried out under the direction of the Board of Works, and the latter was shown to con-
trast most unfavourably with the former, which was stated to be much cheaper and simpler
in its method. It was further asserted that many whowere most anxious to purchase
were debarred from doing so by the expense, complications, and delay, which purchases
under the Bright clauses entailed ; these with other suggestions, which I do not touch
upon, are minor points of detail with which the Legislature can have no great difficulty
in dealing. To me it would appear as hardly admissible, that if the main principle a/7.'J

[ 65 ]

APPENDIX TO BEPOET.

PAPEES EEFERRED TO IN REPORT.

No. 1.

Boyal Commission on Landlord and Tenant Act, 1870,
5, Ely-place, Dublin.

Dear Sir, ---In reply to your communication, dated , offering to assist tliis Commission in its inquiry,

I am directed bo ask you kindly to send me a brief statement of tte Heads of the Evidence you would wish to
give, or of the points which you desire to bring to the notice of the Commissioners, for their information,- and
in order to guide them in examination, should they decide to require your evidence.

I have the honour to be, faithfully yours,

George Young, Secretary.

No. 2.

Landlord and Tenant (Ireland) Acts Inquiry Commission.

Heads of Inquiry as to the Actual Condition, Customs, and Ch'cumstances of particular Districts

or Estates.

1. Personal.

2a. Ulster Tenant-right.

2b. Sale and Disposition op Holdings outside

Ulster.
.3. Leases.

4. Rents.

5. Improvements.

6. Purchase by Tenants op their Holdings.

7. Waste Land.

8. Land Act, 1870.

I. — Personal.

1. Name and address.

2. Occupation and nature of connexion (if any)
with the land, as owner, agent, tenant-farmer, <fec.

3. Acreage of estate, agency, or holding with which
you are connected.

4. Eor what district or estate are you. prepared to
ffive evidence?

II a. — Ulster Tenant-right.

1. Does the Ulster Tenant-right custom exist in
your district 1 State whether universally, generally,
or on some estates only.

2. What do you understand by the Ulster custom?

3. What is the usual selling rate of the tenant-right,
per year's purchase of the rent, or per acre \

4. What are the causes which generally influence

the selling rate ? - -, ^- „

5. Are there any " office rules or local regulations
affecting the Ulster custom on any of the estates in
your district? If so, state them, aind say how long
they have been in existence.

6. When the price of the tenant-right is limited, is
it common for money to pass, beyond the limit fixed 1

7. Was it usual before the Land Act, 1870, for
leaseholders to obtain the benefit of the Ulster custom

on the expiration of their leases ? Has any change
taken place in this respect ?

8. Are there many or any cases where from the
size of the farm, the length of the lease, the fact of the
landlord making the improvements, or other circum-
stances, the Ulster Tenant-right custom does not
apply ?

9. Do you suggest any alterations in or amend-
ments of the existing law as it afiects holdings under
the Ulster custom ?

decreasing in

II. b. — Sale and Disposition op Holdings.
(For districts and estates outside Ulster.)

1. Do outgoing tenants sell their holdings in your
district? State whether universally, generally, or
here and there only ?

2. Are such sales increasing or
frequency ?

3. On quitting voluntarily, in ordinary times, how
many years' purchase of the rent can a selling tenant
generally obtain ?

4. Does the landlord recognise sales ?

5. Does he forbid them ? If so, does he make an
allowance to the outgoing tenant ?

6. Does he claim a right of pre-emption ?

7. Does he insist on clioosing the purchaser ?

K

66

IRISH LAND ACT COMMISSION, 1880.

8. Does he exercise a veto on the purchaser, and on
-what grounds is it generally exercised ?

9. Doos he fix a limit on the purchase-money, and
to what extent 1

10. Is it common for money to pass, beyond the
limit fixed f

11. Is the rent generally raised on the occasion of
a purchase t

12. Does the landlord recognise a right in the
tenants to charge their holdings, or to dispose of them
by will 1

13. Are there many or any cases where from the
size of the farm, the length of the lease, the fact of
the landlord making or contributing to the improve-
ments, or other circumstances, the absence of the
power to sell is completely established, and accepted
as satisfactory by the tenants ]

14. Is the recognition by landlords of the right of
sale on the increase ?

15. Are rents generally higher or lower when the
right of sale exists 1

16. What have been the eflfects of the section in the
Act of 1870 (s. 7), which gives compensation in respect
of incoming payments 1

17. Has its operation been neutralized or evaded in
any way ?

18. How far has the section in the Act of 1870
(s. 3), which gives compensation for disturbance been
efiectual to check evictions in your district 1

19. Has its operation been neutralized or evaded in
any way f

20. Are the limits of the scale of compensation
reasonable ?

21. Has this section led tenants to mortgage or
charge their holdings, in order to secure money they
have borrowed ]

III. — Leases.

1. Do leases exist in your district? State whether
universally, generally, or here and there only 1

2. Are leases increasing or decreasing since the
Land Act?

3. For what term are leases usually given ?

4. Are leases generally held at reduced or advanced
rents, as compared with yearly tenancies 1

5. Is any fine paid on taking a lease?

6. Is it common to re-value the rent on the expira-
tion of a lease ?

7. Were the conditions of leases before the Land
Act generally the same as of those given by the same
landlord at present, or in what respects different 1

8. Are leases to any extent being introduced which
bar the operation of the Land Act, 1870, or any of its
provisions ?

9. Do tenants readily accept leases 1

10. Is the condition of the leaseholders, and their
farming, superior or the contrary to that of the yearly
tenants ?

IV. — Rents.

1. What proportion does the Tenement Valuation
generally bear in your district to a fair rent 1

2. Has raising of rent been on the increase since
the Act ot 1870?

3. At what intervals is it usual for rents to be re-
valued ?

4. Is arbitration ever or often resorted to as a
means of settling the rent ?

5. Is distress for rent often resorted to ?

V. — Improvements.

1. What improvements are generally made by
landlords in your district ?

2. What improvements are generally made by
tenant 1

3. In case of co-operation in improvement, what
is the part usually undertaken by each ? -

4. Has the Act of 1870 encouraged or checked
tenants' improvements ?

5. Has it encouraged or checked improvements by
landlords ?

6. Have many or any cases occurred in your district
where an outgoing tenant has obtained insufiicient
compensation for his improvements ?

7. Have the pi-o visions of the Act of 1870 in
respect of compensation for improvements been
neutralized or evaded in any way ?

VI. PUBCHASE BY TENANTS OF THEIR HOLDINGS

1. Have there been in your district any sales to
tenants of their holdings by agreement out of court ?

2. Have there been any such sales in the Landed
Estates Court?

3. Have any difficulties been experienced in cariy-
ing out such sales ?

4. Have there been any difficulties in obtaining
the statutory advances from the Board. of Works ?

5. What is the present condition of any such pur-
chasing; tenants as compared with the yearly tenants
about them t

6. To what extent (if any) have they mortgaged or
incumbered their holdings since purchase ?

7 To what extent (if any) have they subdivided ?

8. Can you suggest any measures for amending
these clauses and rendering them more effectual ?

9. Is it desirable that further legislative measures
should now be taken (beyond those contained in the
Land Act, with any suggested amendments) for the
establishment of tenants as owners in fee of farms ?
Give reasons.

10. If so, in what manner should such establishment
be attempted ? and on what terms, either of payment
by tenants, compensation to landlords, or otherwise ?

11. Should waste land or land already reclaimed be
selected for such establishment ?

12. Should any such regulations as those of the
Land Act which forbid alienation, assignment, sub-
letting, or subdividing, or any of them, either
temporarily or in permanence, be enforced upon pur-
chasing tenants 1

VII. — Waste Land.

1. What do you understand by waste land ?

2. To what extent has waste land been reclaimed
by tenants in your district within living memory ?

3. Is the reclamation of waste land now progressing
or decreasing ?

4. Is there much land still waste which is capable of
profitable reclamation ?

VIII.— Land Act, 1870.

1. Has any unfairness resulted in your district from
the exception in the Land Act, 1870, of (a) Demesne
Land (6) Town Parks and (c) large pasture farms from
the holdings in respect of which compensation may
be claimed ?

2. Are there any and what descriptions of holdings
in your district, now excepted, to which it is
desirable to extend the benefit of the Act of 1870 ?

3. Has the section in the Act of 1870 which
divides the Grand Jury Cess between landlord and
tenant (65) been effectual to any extent in your district?

4. Are express contracts common for payment by
the tenant of the entire Cess ?

5. Has the section (68) which excuses the payment
of rent for land covered by a public road been effectual
to any extent in your district ?

6. Do you suggest any alterations in or amendments
of the existing law regulating the relation of landlord
and tenant ?

APPENDIX TO REPORT. 67

No. 3.

Royal Commission on Landlord and Tenant Act, 1870,
5, Ely-place, Dublin.

Sir, — The inclosed Forms suggest the principal points on -which bhe Commissioners desire information.
"Witnesses desiring to give evidence are requested to communicate in writing to the Commissioners the subjects
on which they feel best qualified to give information, either in the form of answers to these questions or in any
other form they please.

It must be understood that the Commissioners will not confine themselves in the examination of witnesses
to the contents of these papers, which are not intended as exhaustive of the topics of inquiry.

Communicatious in writing will not be published, and are chiefly sought for as a guide to the Commissioners
in the selection of witnesses. Further copies of the Forms may be had on application to me at 5, Ely-place,
Dublin.

I am, yours faithfully,

Geoege Young, Secretary.

No. 4.

Royal Commission on Landlord and Tenant Act, 1870,
5, Ely-place, Dublin.

Sir, — I am directed by the Commissioners to transmit to you the inclosed statements given in evidence
before them. It is a rule with the Commissioners, whenever a statement is made by a witness which may
appear prejudicial to any person, to make the party affected aware of the fact, and of the nature of the statement.
TQie Commissioners will be ready to hear your evidence in reference to these statements, if desired, or to print
with the evidence a statement from yourself in reply thereto. If you prefer to attend the Commission for this
purpose, you are requested to bring with you a statement in writing of the reply or explanation you wish to-
make, which may be embodied in the evidence. An answer is requested at your earliest convenience.

I have the honour to be, faithfully yours,

George Youko, Secretary.

DUBLIN : PRINTED BY AI.EX. THOM & CO., 87, 88, * 89, ABBET-STREET,

'IKE QUEES'S PRINTING OFFICI,

roK HBR majesty's STATIONEBT OrntMSi

REPORT

OF

HER MAJESTY'S COMMISSIONERS OF INQUIRY

INTO

THE WORKING OF THE

LANDLORD AND TENANT (IRELAND) ACT, 1870,

AND THE

ACTS AMENDING THE SAME.

|gir«sml*i» lo bol^ fousis oi |^arliaii«ul bg CDnunanb of P^r IfiCajtittii.

DUBLIN:
PRINTED BY ALEX. THOM & CO., 87, 88, & 89, ABBEY-STREET,

THE QUEEN'S PRINTING OFFICE.
FOR HER majesty's STATIONERY OFFICE.

1881.

REPORT

OP

HER MiJESTT'S COMMISSIONERS OF INQUIRY

INTO

THE WOEKING OP THE

UNDLORD AND TENANT (IRELAND) ACT, 1870,

AND THE

ACTS AMENMNa THE SAME.

VOL. II.

DIGEST OF EVIDENCE.
MINUTES OP EVIDENCE, PAET I.

^xmxdtb ia hat\[ §aW$^ d f arlmment^bg CjJinmmtir *of J^r 3w»k'

DUBLIN:

PRINTED BY ALEX. THOM & CO., 87, 88, & 89, ABBEY-STREET,

THE QUEEN'S FEINTING OFFICE.
FOR HEB majesty's STATIONERY OFFICE.

1881.

^C._2779 1.] Price 9s. 6d.

EEPORT

HER MAJESTY'S COMMISSIONERS OF INQUIRY

THE WORKING OF

THE LMDLORD AND TENANT (IRELAND) ACT, 1870,

AND THE

ACTS AMENDING THE SAME.

YOL. II.

DIGEST OF EVIDENCE.
MINUTES OF EVIDENCE, PAET I.

"^tmntiH ia hai^ fotrses of f arliammt hio Commanir of f «r Pajfstg.

DUBLIN :

PRINTED BY ALEX. THOM & CO., 87, 88, & 89, ABBEY-STREET,

THE queen's printing OFFICE.
FOR HEB majesty's STATIONERY OmCE.

1881.

[C— 27791.] Price 9s. 6d.

CONTENTS OF VOL. II.

LIST OF WITNESSES, in Order of Examination, ......

LIST OF WITNESSES, in Alphabetical Order,

INDEX TO REPLIES OF PERSONS affected by Statements in Minutes of Evidence, Part I.;

DIGEST OF EVIDENCE, .........

APPENDIX A.— MINUTES OF EVIDENCE, Part I., .

Evidence taken at : — ^

Page

Page

Diiblin,

1

Donegal,

. 475

Galway, .

Belfast,

. 159

Sligo, .

. 498

Limerick,

Londonderry,

. 297

Castlebar,

. 513

Sligo,

. 419

Roscommon,

. 573

P»ge
iii
viii
xiii
xix
1

592
663

LIST OF WITNESSES, IN ORDER OF KXAMINATION.

Fage

Dublin.
Wednesday, Sept. 1, 1880.

T. De Moleyns, esq., Q.c, . 1

Robert Ferguson, esq., Q.c, 10

Thursday, Sept. 2, 1880.

Right Hon. Judge Ormsby,
Jolin B. Greene, esq..

20
29

Friday, Sept. 3, 1880.

Jolin LaTouche, esq.,
John Sweetman, esq.,
Rev. S. Patterson,
Thomas Robertson, esq., .

36
42
46
50

Saturday, Sept. 4, 1880.

Charles TJ. Townshend, esq., 58

"William L. Bernard, esq., . 64

Mr. S. J. .Allen, . . 69

Robert E. Reeves, esq., . 73

Monday, Sept. 6, 1880.

Rev. Thomas Meagher, p.p., 78

Bernard Coleman, esq., . 85

Mr. Andrew Derham, 90

Tuesday, Sept. 7, 1880.

Mr. James Everitt, . 94, 106

Mr. James R. Drew, . . 102

Mr. Thomas Dowling, . 106

Mr. John O'Connell, . . 113

Wednesday, Sept. 8, 1880,

Mr. Robert G. HUl, .
Mr. "William Siinpson,
Mr. Thoipas Knipe, .
E. M. Kelly, esq.,
Mr. Edward Fenlon, .

117
123
126
128
132

Thursday, Sept. 9, 1880.

Alexander Kirkpatrick, esq., 136

B. W. O'Brien, esq., . . 140

A. Hamill, esq., q.c, . 149

Mr. R. H. Battersby, . 157

Belfast.

Tuesday, Sept. 21, 1880.

Mr. S. 0. M'Elroy,

Mr. S. Black,

Mr Thomas M'llderry,

Mr. James Morton, . . 175

Mr. James Ferguson, . 179

W. S. Boyd, esq., . . 184

159

Wednesday, Sept. 22, 1880.

Mr. Thomas Shillington,

jun., - . . . 186, 198
Mr. Hamilton Robb, . . 194
Mr. Nelson Ruddell, . 194

Page
Mr. John Robinson, . . 196
Mr. John "Walker, . .198
F. Wrench, esq., . . 199

Rev. C. Quinn, . 205, 213

Mr. Patrick O'Callaghan, . 212
Mr. Michael Barry, . . 213
Rev. P. Mageaney, . 'il3

Thursday, Sept. 23, 1880

John Yoiing, esq.,
Edmond M'Neill, esq..
Mr. Thomas Swann, .
Mr. W. Gray, .
A. B., . . .
Mr. Joseph Perry,
Mr. Edward Gardner,
Mr. W. J. Moore,
Mr. Patrick Murray,
Mr. James M'Aleena,
Peter Quinn, esq.,
Richard C. Brjish, esq.,
J. G. "Winder, esq., .
Lieut-Col. Waring,
Colonel Forde .
Hon. Somerset "Ward,
J. Blakiston-Hoiiston^ esq
M. S. Synnott, esq., .
Joseph Atkinson, esq.,
Mr. Joseph Beatty, .
Mr. "William Say,
Mr. "WUliam J. "Watson,

236,

Friday, Sept. 24, 1880.

Mr. John Lennon,
Mr. N. Wilson,
Mr. B. CampbeU,
Mr. W. J. Hamilton,
Mr. John Cranston, .
Mr. B. Henry, .
Mr. Henry M'Kean .
A. Murray Ker, esq.,
Mr. W. M. Fitzgerald,
Mr. A. Mulholland, .
Mr. William Gault, .
Mr. Joseph Laird,
Mr. Hugh "Wilson, .

Saturday, Sept. 25, 1880.
Mr. William M'Murtry,
Mr. John Wallace, .
Mr. Manlis M'Grogan,
Mr. Samuel Stewart, .
Mr. James M'Nair, .

m

219
222
224
225
226
229
231
233
235
244
241
245
247
251
253
256
256
259
260
263
264

267
269
269
271
271
272
275
279
284
286
287
288
289

290
291
294
295
296

LONDONDEREY.

Monday, Sept. 27, 1880.

Mr. Joseph Alexander,

297

Mr. W. J. Hanna, .

303

Mr. John Gamble,

306

Mr. James Lapsley, .

307

Mr. Samuel Osborne,

308

Mr. John Steel,

311

Mr. James M'Glinchy,

311

Mr. WilHam Doherty,

. 313

0. T. M'Causland, esq..

. 314

Anonymous,

. 319

Mr. John Cunningham

. 320

W. E. Scott, esq..

322

Mr. B. H. Lane,

323

Friday, Sept. 28, 1

Mr. James S. Hanna,
Mr. John Flanagan, .
Rev. N. M'A. Brown,
Mr. Joseph J. Douglas,
Mr. Robert Dunn,
Mr. James Dreunan, .
Rev. G. W. Hamill, .
Edmund Murphy, esq.,
Mr. John Reed Norris,
Mr. Thomas Warnock,
H. R. Morrison, esq., |
Rev. Dr. Madill, /

Mr. John Rankin,
Mr. John Simpson, .
Mr. Grocer Caldwell,
Mr. Richard Coyle, .
Mr. Robert Adams, .
Mr. Walter Osborne,
Mr. Patrick Cole,
Mr. John M'Connell,
Mr. Bernard Loiighlin,

Page

880.

327
328
334
339
341
342
343
343
347
350

353

357
358
358
359, 361
360
361
361
362
362

Wednesday, Sept. 29, 1880.

George Cather, esq., .- . 363

Mrs. Susanna Gregg, . . 363

Mr. James H. M'Intyre, . 364

Mr. WUliam Gamble, . 368

Mr. Walter Connison, 370, 376

Mr. John Donnell, . '. 372

Mr. John Rossborough, . "375

Rev. Edward Loughrey, . 376

The Earl of Leitrim, . . 381

James Sinclair, esq., . . 386

William Sinclair, esq., 388, 394

Mr. Samuel Donaldson, . 391

Wybrants Olphert, esq., . 393

Arthur Brooke, esq., . . 394

Robert Lepper, esq., . . 395

Mr. William Craig, . . 396

Thursday, Sept. 30, 1880.

Mr. Hugh M'Kinley,
Dr. S. T. Haslett,
Mr. Daniel Henry, \
Mr. Francis Convery, V
Mr. John Traynor, j
T. Spottswood Ashe, esq.,
Mr. J ohn Loughrey, .
Mr. James Canning, .
Mr. Daniel M'Lo'ughliu,
Mr. Richard Craig, .
Mr. Charles M'Caliion,
Mr. D. J. Boyle,
Mr. Thomas Meek, .
Mr. Andrew Brown, .
Mr. James Caskey,

397
400

403

404
407
410
411
412
413
413
415
416
417

Sligo.

Thursday, Oct. 14, 1880.

Colonel E. H. Cooper, . 419

Mr. Jam,es Mannion, . . 426

Mr. John Mannion, . . 426

Mr. Owei»Hart, . . 427

Mr. John Young, . . 428

Mr. John Gilroy, . . 429

Mr. Michael Hart, . . 429

Mr. Patrick M'Donough, . 430

Mr. Michael M'Laughliu, . 431

IV

IRISH LAND ACT COMMISSION, 1880.

Mr. Patrick Conlon, .
Mr. John M'Manns, .
Mr. C. P. !\lacKenzie,
George Errington, esq,

M.P.,

Christopher L' Estrange,

esq., _ .
Mr. Patrick Boyle, sen.,
Mr. Michael Nicholson,
Mr. James Smith,
Mr. Peter Boyle,
Mr. John Clancy,
Mr. James Clancy,
Mr. Thomas Meehan,
Mr. Patrick Boyle, jun.,
Mr. Thomas Shanley,
Mr. Patrick Healy,
Mr. Patrick M'Loughlin.
Mr. Patrick Corrity,
Mr. Peter Gillan,
Mr. John Hannigan,
Mr. Daniel Moylan,
Mr. Daniel Waters, .
Mr. Charles Higgins,
Mr. Hugh M'Intyre, .
Mr. William Million,
Mr. Denis Hunt,
Mr. Andrew Cunningham
Mr. John Keeney,
Mr. Michael Flynn, .
Mr. James Gilgan, .
Mr. Patrick Hargaden,
Mr. Myles Ward,
Mr. Charles Gallagher,
Mr. Thomas M'Clean,
Mr. Thomas M'Laughlin,
Mr. Michael Jordan, .
Mr. Patrick Devaney,
Mr. James Taggart, .
Mr. James Hart,
A. B.,
A. B.,

Page
431

432

434

434
437

439

400

441

441

442
442
443
444
444
446
446
447
447
447
447
448
448
448
449
449
449
450
451

Friday, Oct. 15, 188C

».

Peter O'Connor, esq.,

451

Rev.' Eugene M'Kenna,

454

Mr. John Martin,

458

Mr. William C. Tute,

. 460

Mr. William Heron, .

461

Mr. P. P. Cawley, .

464

Col. E. R. King-Harman,

466

Mr. Cochran Davys, .

470

Sir Henry W. Gore Booth

472

Francis M. Olpheris, esq.,

. 473

Donegal.

Saturday, Oct. 16, 1880.

Mr. Lanty Hanlon, . . 475

Mr. Hugh M'Ginty, . , 477

Mr. Francis Thomas, . . 478

Mr. James Smullen, . . 478

Mr. Hugh Gallagher, . 479

Mr. John M'Gaharen, . 480

Mr. James Kelly, . . 481

Major James Hamilton, . 481

Mr. William Hammond, . 485

Mr. James Davis, . . 485

Mr. Joshua Jackson, . . 486

Mr. John Ward, . . 489

Mr. Patrick Flaherty, . 492

Mr. Edward Flaherty, • . 492

Mr. John Thomas, . . 492

Mr. James Morrogh, . . 492

Mr. John Henderson, . 492

Mr. James Cassidy, . . 492

Mr.
Mr.
Ml.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.

James M'Caffery,
James Doherty, .
Timothy M'Mullan,
John M'Gilligan,
Philip Melly,
WUliam Gillespie,
Connell Gallagher,
Thomas Monahan,
James Cassidy, .
Francis Faucett, .
George Moore,
John Mullan,

Page

492
493
493
493
493
493
493
494
494
494
497
497

Sligo.

Monday, Oct. 18, 1880,

Mr. Robert W. Bourns,
Rev. Andrew Quian, .
Mr. Andrew M'Goldrick,
Mr. Hugh Fowler, .
Mr. Michael Conuington,
Mr. John Carilegie, .
Mr. William Healy, .
Mr. John M'Loughlin,
Mr. William Foran, .
Mr. Roger Fehily,
Mr. Dominick Brennan,
Mr. Francis MuUaly, .
Mr. Roger Ferney, .
Mr. Brian M'Laughlin,
Mr. John Healy,
Mr. Bartley Cox,
Widow M'Hugh,
Mr. Francis Kavanagh,
Mr. James Milmo,
Mr. Stephen Hughes,
Mr. Daniel M'Loughlin.
Mr. Peter Garvey,
Mr. Francis Barbour,
Mr. Edward Kelly, .
Mr. William Clarke, .

Castlebar.

Tupsday, Oct. 19, 1880
John Crean, esq.,
James Scott, esq.,
Mr. John Craven,
Mr. James Tunny, .
Mr. Patrick O'Brien,
Mr. Anthony Clarke,
Mr. Denis Duffy,
Rev. Mr. O'Malley, .
Alex. C. Larminie, esq.,
W. R. Larminie, esq.,
Mr. John Staunton, .
Mr. Martin Conway, .
Mr. Edward Fitzgerald,
Mr. John Duffv,
Rev. J. M'Eviily, .
Mr. Patrick M'Ginn,
Mr. Anthony Kerrigan
Mr. Edward Heraghty,
Mr. Thady Heraghty,
Widow Heraghty, .
Widow Walsh,
Mr. Patrick Maguire,
Mr. Michael .Nugent,
Mr. Patrick Melia, .
Mr. Thomas Shanley,
Mr. Patrick Malley, .
Mr. John Carney,
Mr. Thomas Heraghty
Mr. Michael M-Donnell
Mr. Thomas Burke, .
Mr. Thomas Horan, ,
Mr. Martin Murphy,
Mr. William Hogan, .

498
50i
502
502
503
504
506
506
506
506
506
506
506
507
507
507
507
508
508
509
509
509
509
511
512

513

518

521

522

524

525

526

522

526

528

529

529

529

53.0

530

530

530

531

531

531

531

531

531

532

532

532

532

533

533

533

534

534

534

Mr. Walter Gibbons .
Mr. Owen Malley, .
Mr. Pat Maley,
Robert V. Stoney, esq.,
Mr. Patrick Burke, .
Mr. Patrick Butler, .
Mr. Michael Duffy, .
Mr. Stephen Flynn, .
Mr. Patrick Kane, .
Mr. Patrick Higgins,
Mr. Patrick O'Donnell,

Page
534
534
534
535
536
537
537
537
538
538
538

Wednesday, Oct. 20, 1880.

Edwin Thomas, esq., . 539

Rev. A. Waters, . . 542

Sir Charles Gore, . . 544

Utred A. Knox, esq., . 548 .

Edmond H. Pery, esq., . 550

Rev. Patrick Lyons, . . 551

Mr. John Hopkins, . . 552

Mr. Michael Moran, . . 552

Mr. Michael Dunne,, . . 552

Mr. Patrick Joyce, . . 552

Mr. Peter Philpin, . . 552

Mr. Patrick Roche, . . 552

Mr. Michael Flynn, . . 552

Mr. John Hanning, . . 552

Mr. John Cunniagham, . 652

Mr. Patrick Roche, (2) . 552

Mr. Michael M'Donnell . 552

Mr. John Molloy, . . 552

Mr. John Kenny, . . 552

Mr. John O'Donnell, . 552

Mr. Patrick Moran, . . 552

Mr. Thomas Philpin, . 522

Mr. John Flannery . . 552

Mr. Patrick Corcoran, . 552

Mr. Patrick Kearney, . 552

Mr. Thomas Gibbons, . 554

Mr. Edmund Larkin, . 554

Mr. Patrick M'Donnell, . 554

Mr. Thomas Flannery, . 555

Mr. John MuUins, . . 555

Mr. Patrick Hyland, . 555

Mr. John Delaney, . . 555

Mr. James Amber, . . 555

Mr. John Barrett, . . . 556

Mr. Martin Sheridan, . 556

Mr. James Highland, . 556

Mr. Pat. Shiels, . . 657

Mr. Pat. Moran, . . 557

Mr. Edward Mitchell, . 558

Mr. Thomas M'Hale, . 558

Mr. Stephen Burke, . .558

Mr. James Armstrong, . 658

Mr. John Corcoran, . . 558

Mr. Thomas Hastings, . 559

Mr. John Walsh, . . 559

Mr. Patrick O'Byme, . 559

Mr. Patrick M'Doimell, . 659

Mr. Michael O'Donnell, . 559

Mr. James Saunders, , 560

Mrs. James Flanagan, . 560

Mr. John Philbin, . . 560

Mr. Peter Philbin . .660

Mr. Michael Doyle, . ,560

Mr. Patrick Gorman, . 561

Mr. James Kenned}-, . 561

Mr. Martin Flynn, . . 561

Mr. Henry Horan, . • . 662

Mr. Anthony Malley, . 562

Mr. John Egan, . 662

Mr. Mark Walsh, . . 662

Mr. James Gannon, . , 663

Mr. Francis O'Donnell, . 663

Mr. James Daly, . . 666

Rev. John Stephens, . . 572

LIST OF WITNESSES.

Page

Roscommon.
Thursday, Oct. 21, 1880.
Mr. Patrick Fox, senr.,
Mr. Waiiam Fox,
Mr. Patrick Garrihaii,
Mr. James Garrihan, sen.
Mr. James Garrihan, jun.,
Mr. Thomas Hanly .
Mr. Thomas Gannon .
Mr. James Shea,
Mr. John M' Garry, .
Mr. John M'Donnell,
Mr. Thomas Murphy,
Mr. Thomas Hunt, .
Mr. Pat Monaghan, .
Mr. William Banahan,
Mr. Pat. Conry,
Mi. Thomas M'Dernott,
Mr. John O'Mally, .
Mr. John Ward
Mr. Pat. Madden,

Mr. John Farrell,

Mr. Pat. Farrell,

Mrs. Farrell,

Mrs. Brennan, .

Mr. Pat. Kelly,

Mr. James Kilroe,

Mr. Joseph Dowling,

Mr. Denis O'Brien, .

Mr. John Doorley, .

Mr. James Glancy, .

Mr. Farrell M'Donnell,

A. B.,

Mr. James Mullaley,

Mr. Michael Mills, .

Mr. Laurence Kilroe,

Mr. Michael Kelly, .

Mr. Thomas Kilmartin,

Mr. Andrew Doran, .

Mr. Martin J. Waldron,

Mr. J. C. Doorley,

Mr. John Kelly,

Mr. Peter Flynn,

Mr. John Flynn,

Mr. Patrick Morris, .

Mr. John Kennedy, .

Mr. Edward Kelly, .

Mr. Michael Fox,

Mr. William Kelly, .

Mr. Michael Brannon,

Mr. Bernard Kelly, .

Mr. Patrick Naughten,

Galway.

573

573

573

573

574

574

574

574

574

575

575

576

57 G

576

576

577

577

577

578

578

578

578

578

578

579

580

581

582

583

584

585

586

586

587

587

588

588

588

589

589

589

590

590

590

590

590

591

591

591

591

Friday, Oct. 22, 1880.
Charles 0. Boycott, esq.,
Eev. J. G. Robb,
J. H. Blake, esq.,
Burton Persse, esq., 600, 605, 607
N. J. I^ichardson^ esq.,
William Daly, esq., .
Acheson French, esq.,
Mr. James E. Jackson,
Mr. William Malley,
Mr. Patrick Malley, .
Mr. Peter Moloney, .
Mr. Thomas Cooley, .
M. F. O'Flaherty, esq.,
Col. James O'Hara, .
Thomas C. Lambert, esq.,
William H. Halliday, esq.,

592
596
597

602
604
605
606
607
608
C08
609
611
614
615
617

Saturday, Oct. 23, 1880.

George E. Burke, esq., . 622

Mr. John Gill, . . .624

Col. John A. Daly, . . 626

Mr. Martiii R. Hart, . 628

Mr. Michael Joyce,
Mr. Michael M'Gratli,
Mr. Mark Kerins,
Mr. Abner Bailey, .
Mr. John Gairdner, .
Mr. Timothy Kyne, .
iVlr. John Kyne,
Mr. Patrick Flynn, .
Mr. Patrick Barrett, .
Mrs. Margaret Hussey,
Mr. Patrick Carey, .
Mr. Darby Curran, .
Mr. John Griffin,
Mr. John Flaherty, .
Mr. Michael O'Sullivan,
Mr. Thomas O'Flyn, .
Col. Thomas Seymour,
George J. Robinson, esq.,
Mr. Patrick Noon, .
Mr. Peter Codyra,
Mr. Michael Heffernan,
Mr. Martin Toole,
Mr. Edward Toole, .

Monday, Oct. 25, 1880

Joseph Hardy, esq., .
Mr. James Kilmartin,
Mr. Thomas F. Joyce,
Thomas Palmer, esq.,
John Ross Mahon, esq.,
Martin M'Donnell, esq.,
Mr. John Graham,
Mr. Patrick Hanly,
Mr. Thomas Davoren
Mr. Darby Tarpey,
Mrs. Bolton,
Mr. Mathew Nolan,
Mr. Francis Leonard.

Page

633
633
634
634
636
639
639
640
640
641
641
642
642
642
643
643
643
644
646
647
647
647
648

648
650
653
655
655
658
659
660
661
661
662
663
663

LiMEKICK.

Tuesday, Oct. 26, 1880.

Edward L. Hunt, esq., .
Mr. William Bolster,
Mr. Mathew O' Flaherty,
Mr. Joseph Casey,
James G. Barry, esq.,
William U. Townsend, esq.,
Mr. John Froste,
Foster Vesey Fitzgerald,

esq., .
Mr. Michael Lane, .
Mr. Patrick Kane, .
Mr. Michael Kane^ .
Mr. Patrick G'rady, .
Mr. John Hartigan, .
Mr. William Howard,
John W. Scott, esq., .
Mr. James Starkey, .
Mr. Michael Perry, .
Mr. Martin Hamilton,
Mr. Andrew Dundas,
Mrs. Keegan, .
Mr. James Madden, .
Mr. Maurice Sullivan,
Mr. William Halpin,
Mr. JohnTuthill, .
Mr. James Kane,
Mrs. Tuthill. .

Oli.-'j
668
673
675
676
681
683

684
688
689
689
689
690
690
690
692
694
695
695
695
695
695
696
696
696
697

Wednesday, Oct. 27, 1880.
Mr. Maurice Herbert, . 697

Rev. Patrick Meehan
Mr. Patrick Lawlor,
Mr. Thomas Colleran
Mr. John Mahony,
John B. Hewson, esq.

698
700
701
701

703

Page

Edward White, esq., .

70U

Mr. Soloman Frost, .

713

R. W. 0. Reeves, esq.,

716

Mr. Patrick O'Shaughii-iSSy,

718

John C. Delmege, esq.,

7:^0

Rev. W. Gubbms, .

722

Mr. William Madden,

723

Sadlier Stoney, esq., .

724

Mr. Daniel Connell, .

727

Thursday, Oct. 28, 1880.

Richard Stackpoole, esq., . 728

Mr. Michael Hogan, . . 731

Mr. Thomas Corbett, . . 734

Francis Morice, esq., . . 735

Mr. James Frost, . . 740

Rev. Thomas Meagher, . 742

Mr. Daniel Barry, . . 742

Rev. Thomas Meagher, . 743

Mr. Daniel Ryan, . . 743

Mr. Michael Fitzgerald, . 746

Mr. Michael Meehan, . 747

Mr. Michael Stritoh, . . 748

The Earl of Limerick, . 749

William Spaight, esq., . 751

KiLLAKNBT.

Friday, Oct. 29, 1880

Rev. M. O'Connor, .

753

Rev. A. Moynihan, . .

759

Rev. D. O'Donoghue, 762, 7

66,771

Mr. Thomas O'Conuor,

763

Mr. Edmond Ryall, .

764

Mr. Patrick Carroll, .

764

Mr. Thomas Carroll, .

765

Mr. Thomas Allman, .

766

Mr. Florence O'Sullivan, .

767

Mr. Thomas O'Rourke,

776

John R. Newman, esq.,

778

Mr. Peter M'Sweeney,

780

Mr. Thomas Marshall,

781

Mr. Maurice O'Connor,

781

Samuel M. Hussey, esq., .

783

Henry Herbert, esq..

788

Saturday Oct. 30, 188

0.

Mr. Michael Warren,

789

Very Rev. Canon Brosnan,

793

Mr. Daniel Clifford .

797

Mr. Edward Fitzgerald,

797

Mr. Daniel O'Sullivan,

796

Mr. Jeremiah Keating,

800

Mr. James Griffin, .

.. 802

Richard J. Mahony, esq..

802

Mr. Jonathan Walpole,

. 805

Mr. Maurice Kearney,

808

Mr. Maurice Murphy,

. 810

W. T. Talbot Crosbie, esq.

812

Rev. P. O'Connor,

817

Mr. John Connor,

818

Mr. Brien O'Brien, .

. 819

Mr. Denis Foley,

820

Mr. Michael Larkin, .

820

Mr. Michael Reardon,

820

Mr. Timothy Flynn, .

. 821

Mr. Timothy Teehan.

. 821

Mr. Denis Leary,

. 821

Cork.

Tuesday, Nov. 2, 1880.

Mr. John Lane, . . 823

Mr. Patrick O'Mahony, . 826

Mr. Simon K. Tierney, . 828

Mr. Daniel J. Riordan, . 829

h 2

VI

IRISH LAND ACT COMMISSION, 1880.

W. Bence Jones, esq.,
Mr. Philip F. Johnson,
Mr. Thomas Bolster, .
Daniel F. Leahy, esq.,
Thomas B. Wright, esq.,
Mr. Henry Bennett, .

Page

832
840
843
844
849
855

Wednesday, Nov. 3, 1880.

Rev. Mathias M'Mahon, . 857

J. T. Cornwall, esq., . . 862

W. H. Barry, esq., . . 864

Lieui>Gen. Roche, . . 867

Mr, Francis H. Power, . 870

Mr. John JSr. Dorgan, . 871

Rev. Cornelius O'Sullivan, 873

Mr. Patrick D. Sheehan, . 877

Mr. Thomas Quane, . . 878

Thomas Saunders, esq., . 878

Richard G. Campion, esq., ' 884

Thursday, Nov. 4, 1880.

Bartholemew Verling, esq.,
Mr. Timothy Cronin, .
Mr. Timothy Murphy,
Mr. Joseph W. Tarr,
Mr. Edmund Fitzgerald,
Mr. John Moore,
Mr. Patrick Moore, .
Mr. Richard Moloney,
R. 17. Penrose Fitzgerald,

esq.,
Mr. Daniel Nyhan, .

Skibbereen.

Thursday, Nov. 4, 1880.

Rev. Charles Davis, .
The O'Donovan,
Mr. Patrick Donovan,
Mr. Bat Donovan,
Mr. James Sheehy, .
Mr. Michael Sheehy,
Mr. John Sullivan, .
Mr. Donald Collins, .
Mr. Patrick Crowley,
Mr. Michael Sullivan,
Mr. Jeremiah Daly, .
Henry R. Marmion, esq.,
Mr. Patrick Ronayne,
Mr. Florence M'Carthy,
Mr. Florence Sullivan,
Mr. Jeremiah Sullivan,
Mr. James Evans,
Mr. Timothy Harrington,
Mr. Denis Berry,
Mr. Eugene M'Carty,
Rev. P. Hill, .

Cork.

889
892
893
894
895
896
896

897
899

901
906
909
909
909
910
910
911
911
912
912
915
918
920
920
920
920
920
920
920
921

Friday, Nov. 5, 1880.

Sir George Colthurst, 923, 934

John Warren Payne, esq., . 927

John E. Barrett, esq., . 929

John Wrixon Becher, esq., 934

Mr. Jeremiah Hegarty, . 935

Richard L. Fell, esq., . 938

Rev. Canon Murphy, . 942

Rev. John Carver, . . 943

Edward D. Stokes, esq., , 944

Very Rev. Canon M'Swiney 945

George K. Sherlock, . . 947

Mr. John Murphy, . . 949

Clonmel.

Friday, Nov. 5, 1880.

Benjamin Deane, esq.,
Rev. Maurice Mooney,
Mr. John Heffernan, .
Charles S. Dennis, esq.
Rev. Thomas Finn, .
Mr. John Nugent,
Mr. Patrick Mulcahy,
Mr. John Walsh,
Mr. John Meara,
Mr. Edward Nugent,
William M. Ardagh, .
Mr. Michael Nolan, .
John George Hely, esq..
Dr. Thomas Laffan, .
Mr. John S. O'Halloran,
Mr. Jerome J. Guiry,

Saturday, Nov. 6, 1880.

Rev. David Burden, .
Mr. Michael Hackett,
Mr. James Tohin,
Mr. Michael Tobin, .
Mr. Pierce Butler,
Mr. Patrick Nugent, .
Mr. Denis M'Enerney,
Mr. Patrick O'Donnell,
Mr. Michael Hanly, .
Mr. Michael A. Anthony,
Mr. William Groom, .

Page

950
952
955
957
958
960
960
960
961
961
962
964
965
966
967
968

968
973
974
974
974
975
976
977
978
979
980

Dublin.

Tuesday, Nov. 16, 1880.

Professor Thomas Baldwin
Mr. W. J. Goode, .
Murrough O'Brien, esq.,
Lord Dufferin, .
William Rochfort, esq.,
James P. Hamilton, q.c,

981
1004
1006
1015
1025
1029

Thursday, Nov. 18, 1880.

George Collins Roberts,
esq., ....
Mr. James Ganly,
Cecil Moore, esq.,
C. Uniacke Townsend, esq.,

1034
1039
1040
1047

Friday, Nov. 19, 1880.

Rev. George M'Cutohan, ,
Mr. John Roche,
Mr. John M'Mahon, .
Richard Bagwell, esq.,
Mr. Thomas Dowling,
Col. C. llaleigh Chichester,
Mr. Alexander Oaruth,
Francis Latouche, esq.,
Frederick T. Lewin, esq., .

1055
1058
1061
1063
1065
1068
1072
1074
1076

Saturday. Nov. 20, 1880.

John 0. Neligan, Q.C, . 1079

Dr. Gawn Orr,. . 1084, 1089

Mr. James Anderson, . 1086

Mr. Andrew S. Oswald, . 1088

LordYentry, . . . 1089

The MacDermot, Q c, . 1093

George fe. Browne, esq., . 1094

Page

Monday, Nov. 22, 1880.

John E. Vernon, esq.,

1097

Very Rev. W. J. Walsh,

1109

Anthony Oassidy, esq.,
St. George Johnston, esq.,
Col. J. G. Irvine,

1119
1120
1125

Marcus Keane, esq., .

1128

Tuesday, Nov. 23, 1880.

Mullhallen Marum, esq.

M.P.

1131

Rev. Daniel O'Halloran,

1138

Mr. James Foley,
Mr. Denis Drennan .

1139
1140

Rev. M. Howley,

Mr. James M'Cormack,

1140
1142

Mr. John Fielding, .

1143

Mr. John Carroll,

1144

Mr. Peter Murphy, .
Mr. Michael Tracey, ,
Mr. Matthew Walsh,

1145

. 1146

1147

Alderman C. Redmond,

1149

Viscount Lifford,

1152

Wednesday, Nov. 24, 1880.

Rev. P. F. Nolan, . . 1154

Mr. Henry T. Rathbome, . 1155

Edward S. Tener, esq., . 1156

Mr. Hugh GUI Patterson, . 1159

Mr. Charles Pringle, . . 1161
Rev. Canon Smollen, 1165, 1173

Mr. T. M'Evoy Gartlan, . 1168

William Ancke till, esq., . 1170

Rev. W. J. M'Keogh, . 1173

Mr. Michael Magher, . 1176

Mr. Thomas M'Govem, . 1177

Colonel Gerald Dease, . 1181

Gorges Hely, esq., . . 1183

Edward B. Sayers, esq., . 1185

Thursday, Nov. 25, 1880.

The Marquess of Lana-

downe, ....

1186

J. Townshend Trench, esq.,

1193

Mr. Harry M'Cann, .

1204

Rev. Richard O'Keeffe,

1207

Ambrose Bole, esq., .

1209

Mr. George H. Miller,

1211

Mr. Thomas Corscadden, .

1213

Hon. Charles J. Trench,

Q.c, . . . .

1215

Friday, Nov. 25, 1880,

Mr. Robert Sproule, .
Mr. Joseph Smith,
Mr. John M'Crea,
Mr. Owen M'Sorley, .
Mr. James Clarke,
Mr. John Rutledge, .
Mr. Hugh O'Neill, .
Mr. James Johnstone,
Mr. Robert S. Clements,
Rev. Callaghan M'Carthy,
Rev. James Brady, .
Mr. Henry Pringle, .
Mr. Henry Ferney, .
Mr. William Dwyer, .
Mr. William Gibson, .
Mr. Samuel Read,
Major John T. D'Arcy,
Rpv. ,Tohn Pyne,

1218
1221
1222
1223
1226
1227
1229
1229
1230
1232
1233
1237
1238
1239
1240
1240
1241
1243

LIST OF WITNESSES.

Vll

Mr. William Naiighton,
Mr. Christopher King,
Mr. Daniel Harney, .
Mr. Patrick Egan,
Rev. James Holahan,
_ Thomas Lefroy, esq., Q.C.,"
J. 0. Stronge, esq., .
William Kirk, esq., .
Mr. Alfred M'Dermott,

Page
1245

1246

• 1246

1247

1248

1253

Saturday, Nov. 27, 1880.

Robert Fowler, esq., . . 1256

Charles Curling, esq., . 1261

Richard M. Douglas, esq. . 1264

Simon Little, esq., . . 1265

George H. Adamson, esq., . 1269

P. J. Blake, esq., q.c, . 1273

Monday, Nov. 29, 1880.
Right Hon. M. Longfield, .
James Greer, esq., . •• .

Rev. John Doherty, . 1284,
Henry Bruen, esq,, .
Samuel F. Adair, esq.,
Col. E. H. King-Harman,
Hon. F. A. J. Chichester,
Charles U. Townshend, esq.
J. Stewart Kincaid, esq.,
Toler R. Garvey, esq.,
Robert U. F. Townshend,

esq.,
C. 0. B. White, esq., .
Col. C. G. Tottenham,
Michael King, esq., .

Page

1302
1290
1295
1296
1297
1298
1298
1299

1300
1301
1301
1305

Tuesday, Nov. 30, 1880.
Michael King, esq., con., . 1305

1276
1281

Monday, Jan. 3, 1881.

Mr. Robert E. Stack,
Major Robert P. Maxv\rell,

1309
1311

Col. Deane Mann,
Col. W. B. Forde,
W. G. Robinson, esq.,
William Shaw, esq.,
Dr. Robert Hamilton,
Robert Fitzgerald, esq.
Walter M. Bourke, esq.,
Richard Powell, esq.,
James C. M'Donnell, esq.,

Pago
1315
1316
1317
1318
1320
1322
1323
1324
1325

Wednesday, Jan. 5, 1881.

Charles W. Hamilton, esq., 1325

Earl of Carrick, . . 1333

Sir James Mackey, . . 1335
Sir Erasmus D. Borrowes,

bart., . "■ . . . 1336

Alex. C. Lambert, esq., . 1336
Mr. John Ryan, , . .1337

Mr. Frederick Russell, . 1338

Mr. Robert Henry, , . 1338

IRISH LAND ACT COMMISSION, 1880.

INDEX OF WITNESSES IN ALPHABETICAL ORDER.

Name.

Page.

Question.

Name.

Page.

Question.

A. B.

226

6186-6207

Caldwell, Grocer

35ft

10541_l0.5fi«

A. B

450

13648-1.3680

Campbell, B.

269

7650-7726

A. B

451

1.3681-13703

Campion, Richard G. ...

884

29169--29271

A. B.,

585

18226-18249

Canning, James

410

1212i-121.38

Adair, Samuel F.

1295

( 40173-40193
1 40263

Carey, Patrick
Carnegie, John

641
504

20559-20578
153 5-15447

Adams, Robert ...

360

10603-10640

Carney, John

532

164-20-16431

Adarason, George H. ...

1269

39581-39697

Carriok, Earl of ..,

1.333

40607-40613

Alexander, Joseph

297

8678-8884

Carroll, John

1144

36190-36217

Allen, S. J. ... . ...

69

1836-1967

Carroll, Pat

764

24744-24779

AUman, Thomas ' ...

766

24822-24874

Carroll, Thomas

765

24780-24821

Amber, James

555

17228-17238

Caruth, Alexander

1072

34625-34723

Ancketill, William

1170

36974-37054

Carver, Rev. .John

943

30837-30864

Anderson, Jtimes

1086

35013-35079

Casey, Joseph

675

21938-21983

Anonymous ...

319

9346-9389

Caskey, James

417

12324-12403

Anthony, Michael A. ...

979

31904-31987

Cassidy, Anthony

1119

35548-35569-

Ardagh, William M. ...

962

31393-31460

Cassidy, James

492

15015

Armstrong, James

558

17316-17332

Cassidy, James

494

16060-15080-

Ashe, T. Spottswood ...

404

11911-12057

Gather, George

363

10707-10717

Atkinson, Joseph

259

7270-7308

Cawley, F. P.

464

14076-14116

Chichester, Col. C. R.

1068

34552-34624

Chichester, Hon. F. A. J.

1297

40201-40213

Bagwell, Richard

1063

34405-34446

Clancy, James

439

13,175-13218

Bailey, Abner ...

635

20195-20271

Clancy, John

439

13175-13218

Baldwin, Thomas

981

32043-32607

Clarke, Anthony

525

16135-16160

Banahan, William

576

17872-17877

Clarke, James

1226

38516-385,34

Barbour, Francis

509

1.5595-15651

Clarke, William

512

15678-15724

Barrett, John

556

17239-17250

Clements, Robert S.

1230

38603-38653

Barrett, John E.

929

30466-31)618

Clifford, Daniel

797

25677-257 12

Barrett, Patrick

640

20530-20549

Codyra, Peter

647

20785-20798

Barry, Daniel

742

24 139-24 181 A

Cole, Patrick

36i

10644-10672

Barry, James G.

676

21984-22093

Coleman, Bernard

85

2273-2408

Barry, Michael

929

30466-30618

Coleran, Thomas

701

22861-22870

Barry, William H.

864

28704-28794

Collins, Donald

911

29912-29927

Battersbv, R. H.
Beatty, Joseph

157
260

4366-4405
7309-7428

Colthurst, Sir George ... -j

223
934

30321-30405
30619-30622

Becher, J. Wrixon

934

30623-30677

Conlon, Patrick

431

12900-12924

Bennett, Henry

855

28383-28454

Connell, Daniel

7-27

23620-23668

Bernard, W. Leigh

64

1665-18.35

Connington, Michael ...

503

15319;15323

Berry, Denis ...
Black, Samuel

920
160

30250-30260

4427-4653

Connison, Walter ... ■?

370
376

10909-10956
11060-11061

Blake, J. H

597

18690-18835

Connor, John

818

26313-26333

Blake, P. J

1273

39698-39759

Conry, Patrick

576

17878-17886

Blakistou-Houston, J. ...

256

7162-7198

Convery, Francis

403

Bole, Ambrose

1209

3R03H_.38118

Conway, Martin

5-29

16277-16312

Bolster, Thomas

843

2709.'-27137

Cooley, Thomas

609

19328-19379

Bolster, William

668

f 2I661--21836
I 21982-3

Cooper, Col. E. H.

419

1 -'404- 12621

Corbett, Thomas

734

23857-23894

Bolton, Mrs. ...

662

21240-21461

Corcoran, .Tohn

558

17333-17347

Booth, Sir Henry W. Gore

472

14297-14338

Corcoran, Patrick

552

171 194-1 7 173

Borrowes, Sir E. D., bart.

1336

40622-40626

Cornwall, J. T.

862

28618-28703.

Bourke, Walter M.

1323

40490-40495

Corrity, Patrick

441

13265-13267

Bourns, Robert W.

498

151 57-1 .5254

Corscadden, Thomas ...

1213

88200-38302

Boycott, Charles C. ...

592

18463-18632

Co3f, Bartley

507

1549-2-15521

Boyd, William S.
Boyle, D. J. ...

184
413

4919-4959
12230-1226.3

Coyle, Richard
Craicr, Richard

359
361

10569-10603
10642-10644

Boyle, Patrick, junr. ... 1

412

12170-12-207

Boyle, Patrick, senr. ... V

439

13175-1,3218

Craig, William

396

11654-11674

Boyle, Peter ... )

Cranston, John

271

7757

Brady, James

1233

.38691-38760

Craven, .John

521

16009-16041

Braiinon, Michael

591

184.50-18454

Crean, John

513

15725-15879

Brennan, Dominick

506

15447-15491

Crosbie, W. T. Talbot "'.

812

26176-26279

Brennan, Mrs.

578

17957-17964

Cronin, Timothy

889

29323-29387

Brooke, Arthur

394

11594-1 16-20

Croom, William

980

31989-32041

Erosnan, Very Rev. Canon

793

25571-25676

Crowley, Patrick

911

29928-29956

Brown, Andrew

416

12294-12323

Cunningham, Andrew ...

444

133N0-13387

Brown, Rev. N. M'A.

334

976'2-9955

Cunningham, John

320

9390-9453

Browne, George R.

1094

35184-35-248

Cuniiinghain, .Tohn

552

17094-17173

Bruen, Henry

1290

140136-40173
\ 40267-40274

Curling, Charles

1261

3<i34 1-39429

Curran, Darby

641

20579_'20592

Brush, R.C.

241

6616-6735

Biirdon, Rev. David ...

968

31578-31634

Daly, Col. .John A

626

19812-19907

Burke, George E.

622

19681-19749

Daly, .James

566

17669-17708

Burke, Patrick

536

16565-16573

Dalv, Jeremiah

912

29970-30061

Burke, Stephen

558

17295-1 7. ■U5

Daly, William

604

19021-19086

Burke, Thomas

533

16449-16466

Darcy, Major J. T.

1241

38861-38318

Butler, Patrick

537

1 6577-1 H596

Davis, Rev. C.

9iil

29596-29746

Butler, P. B.

1.56

430l-4.3r,5

Davis, .lames

485

14827-14846

Butler, Perce

974

3in9('-31714

DnvorcMi, Thomas

()(il

21 367-2 I3;i3

ALPHABETICAL INDEX OF WITNESSES.

IX

Name.

Davys, Cochrane
DeiiiiB, Benjamin
Dense, Col. Gerald
Delaney, .lohn
Delmege, .John C.
De Moleyns, T.
Dennis, Charles S.
Derhiim, A.

Devaney, Patrick

Doherty, James

Doherty, Rev. John

Doliertv, William
Donaldson, Samuel
Donovan, Bat.
Donovan, Patrick
Donnell, John
Doorley, .John
Doorley, J. C.
Doran, Andrew
Dorgan, John N.

Douglas, Joseph J.

Doualas, Richard M.
Dowling, Joseph
Dowling, Thomas
Dowling, Thomas
Doyle, Michael
Drennan, Denis
Drennim, James
Drew, J. R.
Duflferin, Lord
Duffy, Penis
Duffv. John
Duffy, Michael
Dundas, Andrew
Dunn, Robert
Dunno, Michael
Dwyer, William

Egan, John
Egan, Patrick
Errington, George
Evans, James

Everitt, James

Farrell, John

Farrell, Patrick

Farrell, Mrs.
Faucfttt, Francis
Fehilv, Roger
Fell, Richard L.
Fenlon. Edward
Ferguson, James
Ferguson, Robert
Ferney, Henry
Ferney, Roger
Fielding, John
Finn, Rev. Thomas
Fitzgerald, Edmond
Fitzgerald, Edward
Fitzgerald, Edward
Fitzgerald, Foster V.
Fitzgerald, Michael
Fitzgerald, R. U. P.
Fitzgerald, Robert
Fitzgerald, W. M.
Flaherty, Edward
Flaherty, John
Flaherty, Patrick

Flanagan, .lames

Flanagan, John

Flannery, John

Flannery, Thomas

Flynn, John

Flynn, Martin

Fivnn, Michael

Flynn, Michael

Flynn, Patrick

Flynn, Peter

Flynn, Stephen

Flynn, Timothy

Foley, Denis

Page.

470

950

1181

555

7-iO

1

957

90

449

493

1284

1302

313

391

009

909

372

582

.589

58 S

871

339

313

1264

. . 5S0

108

1065

■ 560

1140

342

102

1015

.5-26

530

537

695

341

552

1239

562
1247
434
920
94
106

578

578

£78
494
506
938
13J
179
10

1238

• 506

1143
9.58
894
798
629
684
746
897

1322
284
492
642
492
560

328

552

555

590

501

552

446

640

589

537

821

820

'Question.

Name.

14265-14296

30986-31056

37;!2 1-37367

17219_l72-i7

23464

1-206

31226-31269

2410-2488

f 13589-13600

\ l:)H 11-13612

15018-15018

40069-40135

40229-40323

9162-9180

11496-11.544

29836-29813

2981 0-29835

10957-1 1026

18121-18137

18385-18391

18357-18370

28877-28919

9956-10015

10076-10078

39430-39472

18019-18096

27.54-2974

34447-34551

17435-17442

36008-36035

10041-10075

2655-2745

33038-33194

1616U16i84

16313-16320

16597-16605

22677-22682

100I6-I0040

17094-17173

38804-38812

17528-17548
39088-3912!
13055-13082
30250-30260
2489-2654
2746-2753

17927-17929
/ 17930-17934
\ 17952-17956
17935-17951
1508!_I5130
15447-15491
30748-30816
3713-3783
4749-4918
207-400
38784-3.^803
1.5447-15491
36141-36180
31270-
2943N-29457
257 I 3-2573-^
16270'- 16276
22260-22374
24262-24300
29505-29552
40487-40489
8423-8 525
14984-14989
2ii6i 1-2(1630
14982-149N3
17405-17411
9627-9761
17094-17173
17197-17206

18404
17481-17492
17094-17173
13464-13490
20516-20529
18397-18103
16606-16()39
26395-26398
26354-26372

Foley, James
Foran, William

Forde, Colonel W. B. ..

Fowler, Robert
Fowley, Hugh
Fox, Michael
Fox, Patrick, sen.
Vox, William
Fieneh, Acheson
Frost, James
Frost, Solomon
Froste, John
Furnc'v, Simon K.

Gairdner, ,Tohn
Gallagher, Charles
Gallagher, Connell
Gallagher, Hugh
Gamble, .lohn
Gamble, William
Ganly, James
Gannon, James
Gannon, Thomas
Gardner, Edward
Garrihan, .Tames, sen. ..
Garrihan, James, jun. ..
Garrihan, Patrick
Gartlan, T. M'Evoy ..
Garvey, Peter
Garvey, Toler R.
G.iult, William
Gibbons, Thomai
Gibbons, Walter
Gibson, William

Gilgan, James

Gill, .Tohn
Gillan, Peter
Gillespie, William
Gilroy, John
Glancy, .Tames
Goode, W. J.
Gore, Sir Charles
Gorman, Patrick
Grady, Patrick
Graham, John
Gray, William
Greene, J. B.
Greer, .Tames
Gregg, Susanna
Griffin, .Tames
Griffin, John
Gubbins, Rev. W.
Guiry, Jerome J.

Hackett, Michael
Halliday, W. H.
Halpin, William
Hamill, Arthur
Hamill, Rev. G. W. ..'.
Hamilton, Chailes W. ...
Hamilton, James P.
Hamilton, Major James
Hamilton, Martin
Hamilton, Dr. Robert ...
Hamilton. W. G.
Hammond, William
Hanlon, Lanty
Hanly, Michael
Hanly, Patrick
Hanly, Thomas
Harm a, James S.
Hanna, W. J.
Hannigan, John
Banning, John
Hardy, Joseph
Hargaden, Patrick
Harney, Daniel
Harrington, Tim.
Hart, James ...
Hart, Martin R.
Hart, Mii'hael
Plart, Owen ...
Hartigan, ./ohn
Haslett, Dr. S. T.

Page.

Question.

1139

35983-36007

506

15447-15491

251

6998-7098

1316

40417-404-21

1256

39239-39340

502

15298-15364

590

10433

573

17712-17734

573

17734

605

19087-19126

740

24054

713

23246-23317

683

22199-22259

828

26646-26664

636

20272-20378

447

13522-13539

493

15049-15055

479

14632-14662

306

8953-9002

-..368

10855-10908

1039

33607-33688

563

17549-17576

547

17781-17798

229

6295-6333

573

17757-17770

574

17771-17776

573

17735-17756

1168

36916-36973

.509

15591-1.5594

1299

40240-40255

287

8364-8407

554

17174-17177

'534

16478-16481

1240

38813-38853

447

/ 13491-13498
{ 13510-13514

624

19750-19811

441

1 3273-13283

493

15018-15048

429

127.«6-12801

583

181.S9-18211

1004

32608-32727

544

16909-16985

561

17443-17475

689

22451-22463

659

21294-21331

224

6169-6185

. 29

636-880

1281

39935-40068

363

10717-10738

802

25880-25910

642

20593-20610

722

23496-23520A

968

31554-31577

973

31635-31658

,617

19560-19680

696

22718-22752

140

4187-4300

343

10079

1325

40504-40606

1029

33317-33451

481

14704-14780

695

22667-22675

1320

40448-40467

271

7720-7757

485

14780-14826

475

1 43 7 C- 14.502

978

318:3-31903

660

21333-21366

.574

17777-17783

327

9601-9626

303

8S,s,5-8952

442

13291-13306

552

17094-17173

648

20837-20934

447

13499-13509

1246

39063-39087

920

30250-30260

449

13618-13647

628

1990S_20037

429

12802-12840

427

12696-12738

690

224G4-22474

400

11766-11864

IRISH LAND ACT COMMISSION, 1880,

Name.

Page.

Question.

Name.

Question.

Hastings, Thomas
Healey, Patrick
Healy, Gorges
Healy, John ...
Healy, William
HefFernan, John
Heffernan, Michael
Hegarty, Jeremiah
Hely, John George
Henderson, John
Henry, Bernard
Henry, D.
Henry, Robert
Heraghty, Edward
Heraghty, Thady
Heraghty, Thomas
Heraghty, Widow
Herbert, Henry
Herbert, Maurice
Heron, William
Hewson, John B.
Highland, James

Higgins, Charles

Higgins, Patrick
Hill, Rev. P.
Hogan, Michael
Holahan, Rev. Jame»
Hopkins, John
Howard, William
Howley, Rev. M.
Hughes, Stephen

Hunt, Denis ...

Hunt, Edward L.
Hunt, Thomas
Hussey, Margaret

Hussey, Samuel M.

Hyland, Patrick

Irvine, Col. J. G.

Jackson, James E.
Jackson, Joshua
Johnson, Philip F.
Johnston, St. George
Johnstone, James
Jones, W. Pence
Jordan, Michael
Joyce, Michael
Joyce, Patrick
Joyce, Thomas F.

Kane, James i..
Kane, Michael
Kane, Patrick
Kane, Patrick
Kavanagh, Francii
Keane, Marcus
Kearney^ Maurice
Kearney, Patrick
Keating, Jeremiah
Keegan, Mrs.
Keeney, John
Kelly, Bernard
Kelly, Edmund M.
Kelly, Edward
Kelly, Edward
Kelly, James
Kelly, John ...
Kellv, Michael
Kelly, Patrick
Kelly, William
Kennedy, James
Kennedy, John
Ker, A. Murray
Kerins, Mark
Kerrigan, Anthony
Kilroe, James
Kilroe, Laurence
Kilmartin, James
Kilmartin, John
Kincaid, J. S.
King, Christopher
King, Michael

559
441

1183
507
506
955
647
935
965
492
272
403

1338
531
531
533
531
788
697
461
705
556

442

117
921
731

1248
552
690

1140
509
444
445
663
576
641
782

1303
555

1125

606
4H6
840
1 120
1229
832
448
633
552
653

696
689
538
689
508

1128
.808
552
800
695
446
591
128
590
511
481
589
587
587
591
561
590
279
634
530
579
587
650
688

l'2H8

1246

1305

17348-17364

13241-13-264

37368-37449

15492-15521

15447-15491

31125-

20799-20810

30677-30747

31491-31524

15006-15014

7758-7868

11865-11910

40669-40670

16349-16359

16349-16359

16432-16444

16.360-16371

25448-25471

22762-22801

14011-14075

22991-23101

17256-17265

( 13307-13331

[ 13359-13361

3070-3298

30261-30320

23741-23856

39122-39205

17094-17173

22475-22490

36036-36085

15562-15579

13378-13379

13437-13451

S 1499-21660

17862-17869

20550-20558

25244-25446

40468-404 H6

17211-17218

35656-35758

19132-
14847-
2fi976-
35570-
38578-
26781-
1 3570-
20038.
17094-
21036-

.19177
-14919
27091
35655
38603
.26976
.13588
.20099
.17173
21114

22757-22759
22442-22450
16640-16647
22434-22441
15522-15532
35759-35824
26088-26149
17094-17173
25826-25877
2268S-22«87
13462-13463
18+55-1846i

3687-3712
18428-18434
15652-15677
14679-14703
18392-18396
18303-18334

17965
18445-18449
17476-17480
18424-18429

80 1 2-8242
20151-20194
16336-16343
17966-18018
18276-18302
20936-21 0.J5
18385-18356
40214-40240
39i)2l-390fi2
40324-40346

King-Harman, Col. E. R.

Kirk, William,
Knipe, Thomas
Knox, Utred A.
Kyne, John ...
Kyne, Timothy

Laird, Joseph
Laffan, Dr. Thomas ...
Lambert, Alexander C. ...
Lambert, Thomas C. ...
Lane, B. H.
Lane, John
Lane, Michael
Lansdowne, Marquis of
Lapsley, .lames
Larkin, Samuel
Larkin, Michael
Larminie, Alexander C.
Larminie, W. R.
LaTouche, .lohn
LaTouohe, Francis
Lawlor, Patrick
Leahy, Daniel F.
Leary, Denis
Lefroy, Thomas
Leitrim, The Earl of ...
Lennon, John
Leonard, Francis
Lepper, Robert
L'Estrange, Christopher
Lewin. Frederick T. ...
l-ifford, Viscount
Limerick, Earl of
Little, Simon
Longfield, St. Hon. M....
Loughlin, Bernard
Loughrej', John
Loughrey, Rev. E.
Lyons, Eev. P.

MacDermot, The, q.c.
Mackey, Sir James
Mackenzie, C. R.
Madden, James
Madden, Patrick
Madden, William
MadiU, Rev. Dr.
Magher, Michael
Maguire, Patrick
Mahon, John Ross
Mahony, Richard J.
Maley, Patrick
Malley, Anthony
Malley, Owen
Malley, Patrick
Malley, Patrick
Malley, William
Maloney, John
Mann, Colonel Deane ...

Mannion, James

Mannion, John
Marmion, Henry R.
Marshall, Thomas
Martin, John
Marum, Mulhallen
Maxwell, Major R. P.

Meagher, Rev. T.

Meara, John
Meehan. Michael
Meehan, Rev. P.
Meehan, Thomas
Meek, Thomas
Melia, Patrick
Melly, Philip
Miller, George H.

Million, William

Mills, Michael
Milino, .lames
Mitchell, Edward

466
1296
1253
126
548
639
639

288
966
1336
615
3-23
823
688
1186
307
554
820
526
528
35
1074
7011
8)4
821
1253
381
2i.7
663
'395
437
1062
1152
749
1265
1276
362
407
376
551

1093
'1335

434
■■ 695
•■578

723

353
1158

531

655

802

535
■■'5C2
*"534

5.12

608

607

701
1315

426

426
■ 915

781

458

1131

1311

78

742

743

961

747

698

439

415

532

493
1211

443

586
508
558

14117-14264
40193-4020]
39206-39240
3599-3686
16986-17063
20427-20515
20379-20426

8408-8425
31525-31537
40627-4064 2
19508-19559
95n7-960a
26438-26564
22375-22433
37473-37663
9003-9035
17178-17186
26373-26392
16185-16239 .
16240-16259
881-1078
34724-34794
228-26_2286a
27138--27227
26402-26436
39206-39240
11186-11336
7537-7641
21475-21498
11651-11 653
130)^3-13174
34795-34841
36416-36468
24381-24415
39473-39583
39760-39934
10686-10706
12058-12124
11062-11185
17077-17093

35174-35183
40614-40621
1300.5-13054
22688-2-2702

17929
23521-23554

37174-37222
1 6372-1 (i3H3
21147-21243
25911-25975
16485-16486
17505-17527
16482-16484
16397-16408
19231-19249
191811-19-230
22871-22944
40415
■ 12622-12649
' 12651-12657
12659-12695
12650-12658
3001 2-10188
25195-2..206
13930-139H5
35825-35959
40402-404 13
2112-2272
241 35-24 138i.

24182
313.5,5-31372
24301-24350
22802-22825
13175-13218
12266-1-2293
16.S84-lf.396
13018-15048
38 II 9-38 1 99
13367-1 •■ 378
133S8-13425
18258-1H275
15533-15.161
17-95-17315

ALPHABETICAL INDEX OF WITNESSES.

XI

Name.

Page.

Question.

Name.

Question.

Molloy, .lohn
Moloney, Peter
Moloney, Richard
Moniifflian, Patrick
Monahan, Thomas
Mooney, Rev. Maurice
Moore, Cecil
Moore, George
Moore, .Tohn
Moore, Patrick
Moore, VV. ,T.
Moran, Michael
Moran, Patrick
Moran, Patrick
Morice, Patrick
Morrison, H. R.
Morrogh, James

Morton, James
Moyniliiin, Rov. A.
Mulcahy, Patrick

Mulholland, A.

Miillaley, James

MulLily, Francis

MuUan, John

Murphy, Very Rev. Canon

Alurphy, Edmund

Murphy, John

Murphy. Martin

Mur|)hy, Maurice

Aluipliy, Peter

Murphy, Thomas

Murphy, Timothy

Muiray, Patrick

MAleena, James

M'Caffery, .Tames

M'Callion. Charles

M'Cann, Harry

M'Carthy, Rev. Callaghan

M'Cartliy, Eugene

M'Carthy, Florence

M'Cau.-land, C. T.

M'Clean, Thomas

M'Cormack, James

M'Connell, John

M'Crea, ,Iohn

M'Cutchan, Rev. George

M'Dennott, Alfred

AI 'Dermott, Thomas ...

M'Donnell, Farrell

M'Donnell. James C. ...

M'Donnell, John

M'Donnell, Martin

M'Donnell, Michael ... ,

M'Donnell, Patrick

M'Donnell, Patrick

M'Donough, Patrick ...

M'Elderry, Thomas

M'Elroy, S. C.

M'Enerney, Denis

M'EviUy, Rev. Jer. ...

M'Gaharen, John
M'Garr\-, John
M'Geaney, Rev. P.
M'(jilligan, .John

M'Ginn, Patrick

M'Ginty, Hugh
M'Glinchy, James
M'Gohlrick, Andrew ...
M'Govern, Thomas
M'Grath, Michael
M'Grogan, Manus
M'Hale, Thomas
M'Hugh, Widow
MTntyi-e, Hugh
M'lntyre, James H.
M'Kean, Henry
M'Kenna, Rev. E.
M'Keogh, Rev. W. J. ...
M'lvinley, Hugh
M'l.ou^hlin, Bryan
M'Louohlin, Michael ...
M'l.oughlin, Daniel
M'!.,oughlin, Daniel

:j.02
fiOS
890
.J7G
491

lOiO
497
89.)
896
'231

557

5J2

552

353

492

175

759

960

280

58fi

5116

497

,X42

34!

949

434

810

1145

575

832

233

'i35

492

413

1204

1232

920

920

314

448

1142

362

1222

1055

1253

577

584

1325

575

658

552

430

559

4.30

162

159

976

530

4S0
574
21.3
493

530

477
311
502

1177
533
294
558
507
442
.•364
275
454

1173
397
507
431
509
411

17094-I7l7:i
19250-19327
294^*2-29.305
I7870-17H71
150.56-15058
31057-31124
33689-33937
15131-151-15
■2945a-294[i7
29468-29481
6334-6351
17094-17173
17277-17294
17094-17173
17094-17173
10385-10497
15001-15005
4B55-4748
2461 2-24 (i38
31346-31349
8326-8363
18250-18257
l.5447-154ni
15U6-I5156
30817-30836
10080-10196
30970-30985
16468-16-174
26150-26175
36222-36282
1783t)-17862
29388-29-115
6352-6377
6378-6393
15015
12208-12229
37942-37997
38654-38C90
30250-30260
302.50-30260
9181-9345
13540-13557
36086-36140
10673-10685
38400-38)79
34108-34258
39200-39240
17887-17902
18212-18225
40500-40501
17818-17835
21244-21293
17094-17173
12841-1288.5
17382-17386
17.382-17386
4458-4571
4 405-4654
317.59-31829
16320-16324
16383; 16419
16443-16445
146fi3-14678
17805-17817

3855

1.5018-15048

f 16325-16335

116344-16388

14503-14561

9092-9161

15283-15297

372-23-372.55

20100-20151

8585-8626

17295-17318

15492-15521

13332-13366

107.39-10854

7869-801 1

13776-13929

37056-37173

11675-11765

154!)-2-].552l

12886-12899

15580-15590

12139-12169

M'Luughlin, John
M'Louyhlin, Patrick ...
MLoughlin, Thomas ....
M'Mahon, John
M'jNlahon, Rev. M. ...
M'lS-Ianus, John
M'Mullan, Tim.
M'Murtry, William ...
M'Nair, James
M'Neill, Edmund
M'Sorley, Owen
M 'Sweeney, Peter
M'Swiney, Canon

Xaiighten, Patrick ,..
Naughton, William
Xeligan, John C. ...

Newman, John R.
Nicholson, Michael
Nolan, Matthew
Nolan, Michael
Nolan, Rev. P. F.
Noon, Patric!:
Norris, .John R.
Nugent, Edwin
Nugent, .John ...

Nugent, Michael
Nugent, Patrick
Nyhan, Daniel

O'Brien, Brien
O'Brien, Denis
O'Brien, Edward W. ...
O'Brien, Murrough
O'Brien, Patrick
O'Bvrne, Patrick
O'Ckllaghan, P.
O'Connell, John
O'Connor, Maurice
O'Connor, Reverend M.
O'Connor, Reverend P.
O'Connor, Peter
O'Connor, Thomas
O'Donnell, Francis
O'Donnell, .John
O'Donnell, Michael
O'Donnell, Patrick
O'Donnell, Patrick

O'Donoghue, Rev. D. ...

O'Donovan, The • ...
O'Flaherty, Mathew ...
O'Flaherty, M. F.
O'Flynn, Thomas
O'Halloran, Rev. Daniel
O'Halloran, John S. ...
O'Hara, Col. .James
O'Keelfe, Rev. Richard
Olphert, Wybrants
Olphert, Francis M.
O'Mahony, Patrick
O'Malley, Rev. W. ...
O'Malley, John
O'lNeill, Hugh
Ormsby, .ludge
O'Rourke, Thomas

Orr, Dr. Gawn

Osborne, Samuel
Osborne, Walter
OShauyhnessy, Patrick
O'Sullivan, Rev. C.

O'Sullivan, Daniel

O'Sullivan, Florence ...
O'Sullivan, Michael
Oswald, Andrew S.

Palmer, Thomas
Patterson, Hugh Gill ...
Patterson, Rev. S.
Payne, J Warren

Persse, Barton

Pery, EdmOnd H.

506

15447-15491

441

13268-13272

448

13558-13569

1061

34358-34404

857

28454-286 1 7

432

12925-13004

448

13558-13569

290

845.5-8572

296

8646-8677

219

6041-6103

1223

38480-38515

780

25174-25194

945

30919-30932

591

18435-18444

1245

38993-39020

1079

34842-34928

778

25101

439

13175-13218

663

21461-21475

964

31461-31490

1154

36469-36489

646

20759-20784

347

10197-10302

961

31373-31392

ofiO

31330-31345

5-U

16372-16383

97.5

31715-31758

899

2955.3-29595

819

26334-26353

581

18097-18120 ■

140

3906-4186

1007

32728-33037

524

16(183-16134

559

17378-17381

212

5729-5839

113

2975-3069

781

25207-25243

753

24467-24611

817

26280-26312

451

13704-13775

763

24U42-24712

563

17577-17668

552

17094-17173

,559

17387-17391

53M

1667.5-16702

977

31830-31872

7fi2

24639-24641

771

25024-2.5059

766

•24821

90G

29747-29809

a73

21 837-2 193S

611

19380-19462

643

2il(i48-20667

1138

35960-35982

967

31539-31.553

614

19463-19505

1207

37998-38038

393

11545-11592

473

14339-14375

826

26565-26645

522

16123

578

17903-17912

1229

38562-38577

20

401-636

776

25060-25100

1084

34929-35012

1089

35112-35114

308

9036-9077

361

10641

718

23386-23463

873

28920-2B016

798

25739-25825

801

25878-25879

767

24876-25023

643

20631-^0647

1088

35080-3511]

655

21115-21146

I15H

3663!)-36689

46

1249-1364

927

30406-30465

600

f 18836-18939

\ 19127-19131

550

17064-17076

xu

IRISH LAND ACT COMMISSION, 1880.

Name.

Page.

Question.

Name.

Page.

Question.

Perry, Joseph

226

6208-6294

Starkey, James

692

22554-22652

Perry, Michael

694

22653-22666

Staunton, John

529

16260-16270

Philbin, John ... ..i

560

17421-17423

Steel, John ... ...

311

9078-9091

Philbin, Peter

560

17424-17435

Stephens, Rev. John ...

572

17709-17711

Philpin, Peter

552

17094-17173

Stewart, Samuel

295

8627-8645

Philpin, Thomas

532

17094-17173

Stokes, Edward D.

944

30865-30918

Powell, Richard

1324

40496-40499

Stoney, Robert V.

535

16487-16564

Power, Francis H.

870

28846-2S876

Stoney, Sadlier

724

23555-236 19a

Pringle, Charles

1161

36690-36801

Striich, Michael

748

24351-24380

Pringle, Henry

1237

38761-38784

Stronge, J. C.

1253

39206-39240

Pyne, Rev. John

1243

38919-38992

Sullivan, Florence

920

30250-30260

Sullivan, Jeremiah ,..

920

30250-30260

Quane, Thomas

878

29025-29052

Sullivan, John

910

29884-29969

Quinn, Rev. Andrew ...

501

1525.5-15282

Sullivan, Maurice

695

22703-22717

Quinn, Rev. C.

/205
1213

5649-5798

Sullivan, Michael

912

29957-29969

5856-5857

Swann, Thomas

222

6104-6168

Quinn, Peter

(236
|244

6394-6615

Sweetman, John

42

1079-1248

6736-6755

Synnott, Mark S.

256

7199-7269

Rankin, John ... ..i.

357

10498-10533

( 13601-13610
\ 13613-13617

Rathborne, H. T.

1155

36490-36524

Taggart, James ...

449

Read, Samuel

1240

38854-38859

Tarpey, Darby ... ...

661

21394-21419

Reardon, Michael

821)

26393-26395

Tarr, Joseph W.

893

29416-29437

Redmond, Aid. C,

1149

36367-36415

Taylor, John

328

21394-21419

Reeves, R. E.

79

1968-211 1

Teehan, Timothy

821

26399-26401

Reeves, R. W. C.

716

23 31 8-233 B5

Tener, Edward S.

1156

365-J5_366?8

Richardson, N. J.

602

18940-19020

Thomas, Edwin

539

16703-16828

Riordan, Daniel J.

829

26665-26780

Thomas, Francis

478

1456 1-1 4589.

Robb, Hamilton

194

5200-5221

Thomas, John

492

14990-15000-

Robb, Rev. J. G

596

1863.3-18689

Tobin, James

974

31659-31677

Roberts, George G.

1034

33452

Tobin, Michael

974

31678-31689

Robertson, Thomas

50

136.5-1569

Toole, Edward

648

20828-20836

Robinson, George J. ...

644

20690-20758

Toole, Martin

647

20811-20827

Robinson, John

196

5283-5357

Tottenham, Col. C. G. ...

1301

40275-40296

Robinson, W. G. ... |

1299

40422-40442

Townsend, C. TJ. ... ■]

58

1570-1564

1317

404+7

1047

33938-34106;

Roche, John

1058

34259-34357

1298

40213

Roche, Lt.-Gen.

867

28795-28845

Townsend, R. U. F. ...

1300

40258-40262

Roche, Patrick

552

17094-17173

Townsend, W. U.

681

22096-22198

Roche, Patrick (2)

552

17094-17173

Tracey, Michael

1146

36283-36325

Rochfort, William

1025

33195-33316

Traynor, John

403

11865-11910

Ronayne, Patrick

918

30189-30249

Trench, Hon. C. J.

1215

38303-38328

Rossborough, John

375

11027-11059

Trench, John Townshend

1193

37664-37941

Ruddell, Nelson

194

5222-5282

Tunny, James

522

16042-16082

Russell, Frederick

1338

40661 -4 0C68

Tute, William C.

460

13986-14010

Rutledge, John

1227

38535-38561

Tuthill, John

696

22753-22756

Ryall, Edmond

764

24713-24743

Tuthill, Mrs.

697

22760-22761

Ryan, Daniel

743

24183-24260

Ryan, John

1337

40643-40660

Ventry, Lord ...

1089

35115-35173

Verling, Bartholomew ...

888

29272-29322

Sanders, Thomas

978

29053-29168

Vernon, John E.

1097

35249-35485

Saunders, James

560

17392-17404

Say, William

263

7429-7459

Waldron, Martin J. ...

388

18371-18384

Sayers, E. B. ...

1185

37450-37472

Walker, John

198

5358-5396

Scott, James ...

518

15880-16008

Walliice, John

291

8513-3584

Scott, John W.

690

22491-22553

Wiilpole. Jonathan

805

25976-26087

Scott, W. E. ...

322

9454-9506

Walsh, John

559

17365-17377

Seymour, Col. Thomas...

643

20668-20689

Walsh, John

960

31350-31354

Shanley, Thomas

532

16409-164 19

Walsh, Mark

562

1 7528- 1 7548

Shanley, Thomas

440

13219-13240

AValsh, Matthew

1147

36326-3fi3K6

Shaw, William

1318

40443-40446

Walsh, Widow

531

16360-16371

Shea, James ...

574

17799-17804

Walsh, Very Rev. W. J.

1109

35486-35547

Sheehan, Patrick D.

877

29017-29024

Ward, Hon. S.

253

7099-7161

Sheehy, .lames

909

29844-29806

Ward, John

489

14920-14981

Sheehy, Michael

910

298(i7-29883

Ward, -Tohn

577

17923-17927

Sheridan, Martin

556

17251-17265

A\'ard, Myles

447

13515-13527

Shillington, T. ... |

186

4960-5221

Waring, Lt.-Col.

247

6881-6997

198

5397-5413

Wariiock, Thomas

350

1 0304-10334

Shiels, Pat ...

557

17206-17276

Warren, Miehaiel

7t^9

25472-25570

Simpson, John

358

lC5:i4-10540

Waters, Rev. A.

542

16829-10908

Simpson, William

123

3300-:!598

Waters, Daniel

441

13284-1 3290

Sinclair, James

386

113S7-I1407

Watson, \V. J.

264

7460-7536

Sinclair, William ... -j

388

11408-11495

White, C.C.B

1301

40264-40267

394

11593

White, Edward

709

23102-23245

Smith, James

439

Wilson, Hugh ... .,,

289

8436-8454

Smith, Joseph

1221

38411 -384 59

Wilson, N

269

7642-764 9

Smollen, Very Rev. Canon <

1165

36802-36915

Winder, .1. G.

244

6756-6880

1173

37055

Wrench, Frederick

199

5414-5648

Smullen, James

478

14590-14631

Wright, Thomas R. ...

849

27228-28383

Spaicflit, W'i Ilium

751

24 416-244^6

Sproule, Robert

1218

3SM-J9- 18410

Toiing, .lohn

214

5858-6040

Stack, Robert E. ... .[[
Stackpoole, Kicliard ...

1309
728

40;49-40401-
23669-23740

Young, John

428

12739-12785

INDEX TO REPLIES OF PERSONS AFFECTED BY STATEMENTS IN
MINUTES OF EVIDENCE, PART I.

Note. — This Index is not yet fully completed, and will be reprinted with additions in Volume III. The letter in the
last column indicates the Appendix, and the number following is that of the question or statement.

■S^umber of Question.

Name of Witness.

Name of Persou replying.

Owner of Property mentioned.

Letter
and No.

1249, &c., .

Rev. S. S. Patterson,

C. W. Hamilton, esq., .

His Grace the Duke of LeLnster,

A, 40504.

2334, he, .

Bernard Coleman,

Robert E. Stack, esq., .

Board of Works, .

A, 40349.

2417-2437,

Andrew Derham,

Henry Alexander Hamilton,
esq., J. p., agent.

Ion Trant Hamilton, esq.,M.p.,

C, 68.

2567-74, .

James Everitt, .

Henry Booker, esq..

Henry Booker, esq.,

0.

2661-2685,

J. K Drew, .

J. Scott, esq..

Henry Cox, esq., .

C, 104.

2719-2726,

J. R. Drew,

Earl of SLefficia, .

Earl of Sheffield, .

c.

2740-2745,

J. R. Drew,

Messrs. Townshend, agents, .

Captain Caldwell, .

C, 184.

2746-2753,

James Everitt,

Henry Smith, esq.,

Henry Smith, esq..

0,96.

3016-20,3023-4,

John O'ConneU,

Daniel F. Leahy, e,sq., d.l., .

Earl of Cork,

C, 1.

3038-9, 3047.

3030-1, .

John O'Connell,

H. Longfield, esq.,

H. Longfield, esq.,

C.

3051-3055,

John O'Connell,

Henry Trench, esq., land agent,

Eaii of Egmont, .

0,2.

3070-3298,

R. G. Hill,

Fredk. Capron, esq., agent, .

Sir Richd. Wallace, bart.,M.p.,

C, 83.

^620-1, .

Thomas Knipe,

Earl of Caledon, .

Earl of Caledon, . . ,

C, 3.

3626-32, .

Thomas Knipe,

Sir James Stronge, bart..

Sir James Stronge, bart..

0,4.

3647,

Thomas Knipe,

Lieut. -Colonel Cross,

Lieut.-Colonel Cross,

0,5.

3705-10, .

Edward Meares Kelly,

John E. Vernon, esq., agent,

Earl of Pembroke,

0,6.

4387-98, .

R. H. Battersby,

J. L. Naper, esq..

J. L. Naper, esq..

0, 43.

4396-4401,

Robert H. Battersby,

W. G. C. Wade, esq., .

W. G. C. Wade, esq., .

0,7.

4545,

S. C. M'Elroy, .

Edmund M'Neill, esq., agent.

Late A. Montgomery, esq., .

C, 76.

4565-4569,

S. C. M'Elroy, S. Black, .

S. Allen, esq.,

S. Allen, esq..

o.

4573-6, .

S. C. M'Elroy, .

Lord Robert Montagu, .

Lord Robert Montagu,

0, 23.

4629,

S. 0. M'Elroy, .

Hon. Somerset Ward, .

Viscount Bangor,

0, 24. ■

4749-4779,

James Ferguson, . .

Geo. M'Auliffe, esq.,

— ' — Langtry, esq., ' .

€, 56.

4780-806,

James Ferguson,

James Torrens, esq., agent to
the Marquess of Donegall.

Marquess of Donegall, .

0, 26.

48^4,

James Ferguson,

Viscount 'Templetown, .

Viscount Templetown, .

0, 34.

4983-5, and

Thomas Shillington, junior,

C. W. O'Brien, esq., agent to

Duke of Manchester,

0, 26.

5070-6.

the Duke of Manchester.

.5077-82, .

Thomas Shillington, junior,

R. B. Templer, esq..

R. B. Templor, esq..

0.

5201-5, .

Hamilton Robb,

C. W. O'Brien, esq., .

Duke of Manchester,

0, 25.

5339-5344,

John Robinson,

Earl of Banfurly,

Earl of Ranfurly,

O, 44.

5339^5344,

John Robinson,

John Shillington, esq., agent.

Earl of Ranfurly,

C, 45.

5667,

Rev. C. Quinn,

W. G. Robinson, esq., .

Countess of Castlestuart,

A, 40422,
and 40447.

5714-5746,

Rev. C. Quinn,

J. G. Eichai'dson, esq..

J. G. Richardson, esq.,

0, 166.

5792-^8, . .

Rev. C. Quinn,

W. F. Littledale, esq., soli-
citoi"

W. F. Littledale and others.

0,27.

5820-5, .

Patrick O'Callaghan,

Earl of Gosford, .

Earl of Gosford, .

0, 46.

5826-5830,

Patrick O'Callaghan,

Peter Quinn, esq., agent.

Trustees of Edward Quinn, .

0, 14.

6169-6176,

William Gray, .

SirThomasBateson,bart., M.P.,

Sir Thomas Bateson, bart., M.P.,

0, 2S.

6175-6176,

William Gray, .

Sir Thomas Bateson, bart. , M. p. ,

Sir Thomas Bateson, bart., M.P.,

0.

6177-6181,

William Gray, .

Fred. Capron, esq., agent.

Sir Richard Wallace, bart. , m. P. ,

0, 85.

6187-6207,

A. B., . . . .

Fred. Capron, esq., agent.

Sir Richard Wallace, bart., M.p.,

0, 84.

6218, <fcc., .

Joseph Perry, .

Major Robert Perceval Max-

"Wfll T\ T

Major E. P. Maxwell,

A, 40402.

6219,

Joseph Perry, .

Wtjllj U.Li.

Colonel William B. Forde, .

Colonel William B. Forde, .

A, 40417.

.6305,

Edward Gardner,

J. A. Lyle, esq., examiner, .

Court of Chancery,

0, 47.

6308-10, .

J. Perry and E. Gardner, .

A ubrey de Vere Beauclerk, esq.

Aubrey de Vere Beauclerk, esq.

0.

6311 and 6329, .

Edward Gardner,

Hon. Somerset Ward, .

Viscount Bangor,

C, 8.

6319,- &c., .

Joseph Perry, .

Major Robert Perceval Max-
well, D.L.

Major Robert Perceval Max-
well, D.L.

A, 40,409.

6330,

Edward Gardner,

Earl of Dufferin, .

Earl of Dufferin, .

C, 120.

6335,

William James Moore,

Aubrey de Vere Beauclerk,
esq.

Aubrey de Vere Beauclerk,
esq.

0.

6348,

Willia,m James Moore,

'John Mnlholland, esq., M.P., ,

John Mulholland, esq., M.P., .

C, 30.

G370,

Patrick Murray,

William Shaw, esq., J. p., ,• .

Earl Annesley, . . .

A, 40443.

6374,

Patrick Murray,

H. S. M'Clintock, esq.,

Marquess of Downshire,

•C.

7654,

Bernard Campbell, .

Colonel Deane Mann, .

Colonel Deane Mann, .

-A, 40415.

7758,

Bernard Henry,

Edmund M'Neill, esq., .

Edmund M'Neill, esq., .

C, 31.

7871-7899,

Henry M'Kean,

Viscount Powerscourt, .

Viscount Powerscourt, .

C, 9.

XIV

IRISH LAND ACT COMMISSION, 1880.

Jf umber of Question.

7907-7918,

8324,

8332-8347,

8399,

8399-8405,

8411-8420,

8427-8431,
8451-8452,
8459-8512,

and

8527-8546

8563.
8957-8971,
8986-97, .
8978-9, .
900.3-23, .
9036-9091,
9110-13,9127-8,

9148-9.
9150-9161,
9226,

9346-9389,
9635, &c., .
9694,
9694,

9694, . ■ .
9707-9722,
9725-9728,
9731-4 and 9735,
9776-9792,
9927-9941,
9956-9978,
9997-10012,
1001.3,
10019,

10048,
10225,
10315, &c.,
10346,
10367-82, .
10378,
10438,
10440-5, .

10536-10540, .

Name of Witness.

10583-
10654-
10658-
10676-
10683-
10717-
10763-
10806-
10873,
10963-
11071-
11095-
and
11105-
11119-
11436-

-10592, .

■10662, .

-10670, .

-10685, .

■5, . .

-10738, .

-10794, .

-10811, .

-10970, '.

-11073, .
-6, 11098,
11,100.

-8, . .

-11127, .

-11446, .

11436-11451,

11675-11765,
12125-12138,

12140,
12266,
12291,
1220S-12320,

Henry M'Kean,
William M. Fitzgerald,
Arthur Mulliolland, .
"William Gault, .
William Gault, .
Josepli Laird, .

Hugh Wilson, . . ' .
Hugh Wilson, .
William M'Murtry, .

John Wallace, .

John Gamble, .

John Gamble, .

John Gamble, .

James Lapsleye,

Samuel Osborne, John Steel,

James M'Glinchy,

James M'Glinchy,

Conolly F. M'Causland, .

Name not given,

John Flanagan, JohnTaylor,

John Flanagan, John Taylor,

John Flanagan, John Taylor,

John Flanagan,

John Flanagan, JohnTaylor^

John Flanagan,

JohnFlanagau, JohnTaylor,

Rev. N. Brown,

Rev. ISJ". Brown,

Joseph Douglas,

Joseph Douglas,

Eov. N. Brown,

Robert Dunne, .

Mr. James Drennan,
John Norris,
Thomas Warnock,
Thomas Warnock,
Thomas Warnock,
Thomas Warnock,
W. R. Morrison,
W. R. Morrison, Dr. Madill,

John Simpson, .

Richard Coyle, .
Patrick Cole,
Patrick Cole,
John M'Connell,
John M'Connell,
Mis. Susanna Gi'egg,
J. H. M'Intyre,
J. H. M'Intyre,
William Gamble,
John Donnell, .
Rev. Edward Loughrey,
Rev. Edward Loughrey,

Rev. Edward Loughrey,
Rev. Edward Loughrey,
William Sinclair,

William Sinclair,

Hugh M'Kinlay,
Jnmes Canning,
Daniel M'Laughlin, .
Tliomas Meek, .
Thomas Meek, .
Andrew Brown,

Name of Person replying.

Owner of Property mentioned.

Earl of Dartrey, .

Frederick Wrench, esq.,

J. Fetherston-H. Lowry, esq..

Viscount Templetown, .

G. W. Clarke, esq.,

Charles A. W. Stewart, esq.,

agent.
Malcolm M'Neill, esq., agent;
A. M'Donald, esq., agent,
Charles A. W. Stewart, esq.,

agent.
Joseph G. Biggar, esq., m.p.^

William Rankin, esq., .
Colonel Lyle,
John Loughrey, esq., J.P.,
J. W. D. Humphreys, esq., .
Durie Millar, esq., secretary, .
Mrs. Elizabeth Young, .

Samuel Thompson, esq.,
Marquess of Waterf ord,
Duke of Abercorn,
A. M. Stewart, esq.,
M. P. Lloyd, esq., agent.
Viscount Lifford, .
Mrs. Young,
William M'Grorty, esq.,
Mrs. Young,

Sir F. W. Heygate, Bart., .
Conolly M'Causland, esq.,
E. H. Draper, esq., b.a., clerk,
Conolly M'Causland, esq.,
Marquess of Waterford,
Marquess of Waterford,
Conolly M. Gage, esq., and W.

C. Gage, esq.
Robert E. Stack, esq., .
Dr. Robert Hamilton, .
Rev. Marcus M'Causland,
Captain B. M. Giveen, .
Sir Hervey Bi'uce, bart..
Sir Hervey Bruce, bart..
Marquess of Waterford,
Edmund Stronge, esq., agent,

Edmund Stronge, esq., agent.

Major Scott,

Major Scott,

M. P. Lloyd, esq.,

Sir Robert Montgomery, k. c. b.

Robert 1 epper, esq.,

GeoT'ge V. Hart, esq., .

Durie Mider, esq.,

R.L. Moore, esq.,

James Greer, esq.,

James Greer, esq.,

E. HerbertDraper, B.A., clerk

S. H. Bruce, esq.,

S. H. Bruce, esq.,

J. Barre Beresford, esq., d.l..

Right Hon. G. Shaw Lefevre,

M.P.

Denis Godley, esq., secretary,

Thomas Colquhoun, esq.,

A. M'Donald, esq., agent,

G. M. Harvey esq.,

H. E. Caitwright, esq., j.p.,

Robert Staples, esq.,

H. E. Cartwright, esq., j.p..

Earl of Dartrey, .

Sir Thomas Lennard, bart., .

R. W. Lowry, esq..

Viscount Templetown, .

G. W. Clarke, esq.,

Conway Richard Dobbs, esq.,

Agnew,

Letter
and No,

esq.,
Earl of Antrim,
Conway Richard Dobbs,

Biggar, esq..

William Rankin, esq., .
Colonel Lyle, . . .

John Loughrey, esq., J.P.,
Duke of Abercorn,
Hon. the Irish Society,
Late William Young, esq., J.P,,

Samuel Thompson, esq.,
Marqu.ess of Waterford,
Duke of Abercorn,
Rev. R. Delap,
Mrs. Thomas Knox,
Viscount LifForil (Meenglass),
Late William Young, esq.,j.p.,
William M'Grorty, esq.,
Late William Young,esq., j.p..
Sir F. W. Heygate, bart.,
Conolly M'Causland, esq.,
Skimiers Company,
Conolly M'Causland, esq..
Marquess of Waterford, ' .
Mai-quess of Waterford,
Fishipongers Company, ' .

Board of Works, .

Dr. Robert Hamilton, .

Rev. M. M'Causland, .

Captain B. M. Giveen, .

Sir Hervey Bruce, bart.,

Sir Hervey Bruce, bart..

Marquess of Waterford,

Worshipful Company of Iron-
mongers.

The Worshipful Company of
Ironmongers.

Major Scott,

Major Scott,

Davidson, esq..

Sir Robert Montgomery, K. c. B. ,

Jan'.es Steel Nicholson, esq., .

George V. Hart, esq., .

Hon. the Irish Society, .

E. L. Moore, esq.,

Earl of Castlestuart,

C. W. Ogilby,esq.,

Skinnei's Company,

S. H, Bruce, esq.,

S. H. Bruce, esq.,

J. Barre Beresford, e,sq., d.l..

Right Hon. G. Shaw Lefevre,

MP.

Commissioners of Church

Temporalities.
Colonel Knox,
Karl of Antrim, .
Mrs. Doherty,

Worshipful Salters Company,
Robert Staples, esq..
Worshipful Salters Company,

C, 32.
C, 48.
C, 10 & 33,
C, 34.
C, 35.
C, 127.

C, 36.

C, 49.

0, 127, -

C, 37.

C, 38.

0.

0,15.

C.

C, Sfi.
C, 16.

0,57.
0, 52.
0, 87.
C. 201.
0, 95.
C 17.
0, 69.
C, 39.
C, 69.
C.
0.

0, 12L
0.

0, 52.
C, 52.
C.

A. 40382.
A, 40448.
C, 18.
C, 50.
0, 19.
C.

0,51.
0,40,

0, 58.

C, 59.
0, 59.
0, 95.
0, 158.
0, 53.
0, 60,
0.

C, 70.
0.
0.

0, 121.
0.

C.

0,88.
0.

0.

c.

0, 61,
0. 190.
0,71.
0, 77.
0, 71.

INDEX TO REPLIES.

i\r

Number of Question.

Name of Witness.

Name of Person replying.

Owner of Property mentioned.

Letter
and No.

12624-12643-5,

James Maniiion,

R. St. G. Robinson, esq.,

Miss Mossman,

C, 41.

12900,

Patrick Conlon,

Edward Howley, esq., .

E. Howley, esq., .

0.

13067-70, .

Geo. Errington, M.P.,

Matthew Weld O'Connor, esq.,
agent.

Lord Annaly,

0.

13367-13379, .

William Million^

Richard Gethin, esq., .

Richard Gethin, esq.,

0,89.

13437-50;lk52-

Denis Hunt, John Keeny,

William Chambers, esq., agent,

Earl of Erne,

C, 110.

13463.

13465-13490, .

Michael Flynn,

Richard Gethin, esq., .

Richard Gethin, esq., .

0,89.

13491-13498, .

James Gilgan, .

Richard Gethin, esq., .

Richard Gethin, esq., .

0,89.

13540-69,

Thomas M'Lean, Thomas
M'Laughlin.

E. Hornan, esq., .

Barnett, esq..

0.

13589-13600, .

Patrick Devaney,

Richard Gethin, esq., ,

Richard Gethin, esq., .

0, 89.

13601-13610,- .

James Taggart,

Richard Gethin, esq., .

Richard Gethin, esq., .

0, 89.

13618-13647, .

James Hart,

James Kidd, esq..

Lady Louisa Tenison, .

0.

13783&13787,&c.

Rev. Eugene M'Kenna, _ .

Michael Burke, esq.,

R. Collum, esq., m.d., .

0.

13809, . ".

Eev. Eugene M'Kenna,

Charles Deazely, esq., m.d., .

Charles Deazely, esq., M.D., .

0.

13858-13862, .

Rev. Eugene M'Kenna, .

F. E. W. D'Arcy, esq., .

F. E. W. D'Arcy, esq..

0, 62.

14376,

LantyHanlon, .

Charles Deazely, esq., M.D., .

Charles Deazely, esq., m.d., ._

0.

14679 - 14703 ;

J. Kelly, J. Dogherty, T.

Arthur Brooke, esq. , agent, .

H. Granville Murray Stewart, ^

C, 150,

15018-15028;

M'Mullan, W. Gillespie,

esq.

15038 48.

P. Melly, J. M'GiUigan.

14796, &c..

William Hammond, .

Messrs. J. Colquhoun, . _ .

Colonel G. Knox, .

C.

14922-4, .

John Ward,

Messrs. Colquhoun, . _ .

Colonel G. Knox, .

0.

14935-14938, .

John Ward, . . _ .

Thomas J. Atkinson, esq., .

Thomas J. Atkinson, esq.,

0, 72.

14938-14946, .

John Ward, . .

Thomas Tee van, esq., .

Thomas Teevan, esq., .

0, 54.

14982-14983, .

Patrick Flaherty,

Thomas Colquhoun, esq..

Thomas Colquhoun, esq..

0, 63.

14984-14989, .

Edward Flaherty,

Thomas Colquhoun, esq..

Thomas Colquhoun, esq.,

0, 63.

15049-55, .

Connell Gallagher, . .

Major James Hamilton, agent.

.John Hamilton, esq..

0,138; 194

15131-15145, .

George Moore, .

Thomas Colquhoun, esq.,

Colonel Knox,

0.

15283-15297, .

Andrew M'Goldrick,

William Middleton, esq.,

William Middleton, esq.,

0,55.

15447-15491, .

W. Healy, J. M'Laughlin,
W. Foran, Roger Fehily,
D. Brennan, F. MuUaly,
R. Ferney.

Francis Barker, esq., . ,

Major Jones,

0,11.

15522-32, .

Francis Kavanagh, .

Richard Gethin, esq., .

Richard Gethin, esq..

0,89.

15533-61, .

James Milmo, .

F. M. Olpherts, esq..

Wynne, esq.,

0.

15671-7, .

Edward Kelly, .

F. M. Olpherts, esq..

— Wynne, esq..

0.

16037-41, .

John Craven, .

Sir Charles Knox Gore, bart.

Sir Charles Knox Gore, bart..

0, 20.

16260-16269, .

John Staunton, .

William Livingstone, esq..

William Livingstone, caq..

0. 78.

16270-16276, .

E. Fitzgerald, ■.

William Livingstone, esq., .

William Livingstone, esq., .

C. 78.

16261-16276, .

Edward Fitzgerald and
Martin Conway.

•

16325-35, .

Patrick M'Ginn,

16336-48, .

Anthony Kerrigan, .

16349-59, .

Edward & Thady Heraghty,

16360-71, .

Mr.s. Heraghty and Mrs.
Walsh.

■

16372-83, .
16384-96, .
16397-408,

Pat. Maguire and M. Nugent,

Pat. Melia,

Pat. Mally, . . ' .

" Marquess of Sligo and Sidney
Smyth, esq., agent to Lord
SUgo.

> Marquess of Sligo,

0, 21 & 22.

16420-31, .

J. Carney,

16432-45, .

T. Heraghty, .

,

16446-8, .

Michael M'Donnell, .

16449-67,

Thomas Burke,

16475-7, .

Wm. Hogan, .

16478-81,

Walter Gibbons, . .

16482-^ .; .

Owen Maliey, .

16485-6, .

Pat Maley,

16606-16674, .

Stephen Flynn, Pat Kane,
Pat Higgins.

Charles Grotty, esq..

Charles Crotty, esq..

0,12.

16675-16700, .'

Patrick O'Donnell, .

Stephen Gibbons, esq., .

Stephen Gibbons, esq., . _

0, 13.

16862,

Rev. Anthony Waters,

James C. M'Donnell, esq..

J. C. M'Donnell, esq., .

A, 40500.

16888,

Rev. Anthony Waters, .

Sir R. L. Blosse, bart.,

Sir R. L. Blosse, bart., .

C. Vy..:,U,

17077-93,

Rev. Patrick Lyons,

William Pike, esq..

William Pike, esq..

C. ' ' i JIM

17095, &c.,

Tenants of C. S. Fitzgerald,

Richard Powell, esq., agent, .

C. S. Fitzgerald, esq., .

A, 40496. '

17174-7, .

esq.
Thomas Gibbons,

Sir R. L. Blosse, bart,, .

Sir R. L. Blosse, bart..

0.

17178-86,

Edmund Larkin,

J. F. B. Tardy, esq., agent, ..

—

0.

17278-91,

Patrick Moran, .

Stephen Gibbons, esq., J. p., .

Stephen Gibbons, esq., j.p., .

0, 164.

17295-315,

E. Mitchell, T. M'Hale.and

)

S. Burke.

y A. C. Larminie, esq., .

EarlofLucan,

0.

17316-32,

James Armstrong,

)

ivi

IRISH -LANJ) ACT < 'OMMISSION, 1880.

Nntnber of Question.

i

Name of Witness. ; Name of Person replying.

Owner of Property mentioned.

Letter
and No.

17333-47,

John Corcoran,

17348-64,

• Thomas Hastings,

17365-77,

John Walsh, .

-

17378-81,

Patrick O'Byrne,

17382-6, .

Patrick M'Donnell,

9

17387-91,

Michael O'Donnell,

> A. C. Larminie, esq..

Earl of Lucan, , . ,

c.

17392-404,

James Saunders,

17405-11,

James Flanagan,

17412-23,

• John Philbin, .

17424-35,

Peter Philbin, .

17435-42,

Michael Doyle, .

17443-80,

P. Gorman, J. Kennedy, and
others.

Francis O'Donel, esq., agent.

" Miller &. Ormsby's Estate,"

C, 64.

17505-27,

Anthony Malley,

Francis O'Donel, esq., agent.

" Miller <fe Ormsby's Estat^'

C, 65.

17549,

James Gannon,

Robert Baxter, esq..

Colonel CufFe,

C, 131.

17671-3, .

James Daly,

Colonel Seymour,

Colonel Seymour,

C, 165.

17673,

,,

Martin M'Donnell, esq..

Martin M'Donnell, esq..

C.

17673,

,,

Thomas Higgins, esq., .

J. Martyn, esq., .

c.

17673,

ji

Alexander 0. Lambert, esq., .

Alexander C. Lambert, esq., .

A, 40627.

17675-8, .

)j

Wm. Joynt, esq., .

Wm. Joynt, esq., .

C, 133.

17678,

'?

Anthony Ormsby, esq..

Anthony Ormsby, esq..

C, 163.

17678,

!)

M. Pratt, esq.,

M. Pratt, esq..

C, 107.

17678,

'5

Bernard Coyne, esq., J.P.,

Bernard Coyne, esq., J.P.,

C, 111.

17678,

1)

John Walsh, esq.,

John Walsh, esq..

C, 114.

17678,

5'

Captain J. 0. Sheffield,

Captain J. C. Sheffield,

C, 172.

17678,

Sir E.. L. Blosse, bart..

Sir R. L. Blosse, bart..

0.

17678,

??

Myles Jordan, esq.,

Myles Jordan, esq..

C.

17678,

?J

Lord Oranmore, .

Lord Oranmore, .

C.

17678,

J)

H. R. Vereker, esq., agent, .

Representatives of late G. R.
Acton.

C, 66,

17678,

1) •

Walter M. Burke, esq.,

Walter M. Burke, esq..

A, 40 490.

17685,

Jt

Allan K. Algie, esq., agent, .

Lord de Cliffiard, . .

C, 79.

17685-6, .

:j

Malachy Tuohy, esq., .

Malachy Tuohy, esq., .

C.

17687,

)f

Captain C. C. Boycott, .

Earl of Erne, "...

C, 109.

17701,

JT

Sir R. L. Blosse, bart., .

Sir- R. L. Blosse, bart., .

C.

17716 and 17718,

Patrick Fox,

Rev. R. Noble Jackson,

Rev. R. Noble Jackson,

C.

17719,

)j

C. Allen, esq., agent.

0, 139.

17784,

Thomas Gannon,

Rev. R. Noble Jackson,

Rev. R. Noble Jackson,

C

17816, &c.,

John M'Garry, .

Rev. R. Noble Jackson,

Rev. R. Noble Jackson,

C.

18004,

James Kilroe, .

Henry Smith, esq., J. P., agent,

Mrs. Blakeney,

C, 73.

18097-138,

Denis O'Brien &Jno. Doorly,

Henry T. Finlay, esq. receiver.

" Dunnes, minors,"

C, 136.

18097-120,

•

Chai'les Dunne, esq..

C.

18250-7, .

James MuUaley,

J. P. Conroy, esq.,

J. P. Conroy, esq..

C.

18258-75, .

Michael Mills, .

c,

18276-302,

Laurence Kilroe,

J. P. Mahon, esq.,

,, ...
J. P. Mahon, esq.,

c.

18335-56, .

Thomas Kilmartin,

HenryT. Finlay, esq., receiver.

" Dunnes, minors,"

C, 136.

18357-70, .

Andrew Doran,

C, 136.

18371-84, .

Martin J. Waldron, .

William Jameson, esq.,

5) ...

William Jameson, esq., ;
J. P. Mahon, esq.,

C' 42.

18397-403,

Peter Fljnn, .

J. P. Mahon, esq..

J

C.

- 18405-34, . • .

P. Morris, J. Kennedy, E.

Kelly.
Patrick Naughten, & others.

R. W. Waithman, esq..

R. W. Waithman, esq..

C, 74.

18435-44, .

J. Fa-wcett, esq., .

J. Fawcett, esq., .

C, 162.

18474,

Captain C. C. Boycott;

Rev. John O'Malley, p.p.,

Earl of Erne,

C, 91.

19254, 6, 19302,
5, 17, 23, 24,

Peter Moloney, .

Henry Ede, esq., .

Henry Ede, esq., .

C.

19274.

20379-430,

Timothy Kyne,

Surgeon-Major Kilkelly,

Surgeon-Major Kilkelly,
John Brown, esq.,
Francis Comyn, esq..

C, 176.

20550-8,

Margaret Hussey,

John Brown, esq..

C, 67.

20559, &c., and
20611, (fee.

Patrick Carey, John Flaherty

Francis Comyn, esq.,

C.

20580-8,

Darby Curran,

Colonel T. Daly, .

Colonel T. Daly, .

C, 117.

20759-84,

Patrick Noon,

William Burke, esq., .

Lord Clanmorris, .

C.

20944,

James Kilmartin,

Thomas J. TuUy, esq., .

Thomas J. Tully, esq., .

C.

21015,

James Kilmartin,

H. T. Potts, esq., .

William Potts, esq.,

C, 199.

21020,

James Kilmartin,

Edward W. Fowler, esq., agent.

Earl of Clancarty,

C, 101.

21026-21035, .

James Kilmartin,

Mrs. Denis O'Brien,

Mrs. Denis O'Brien,

C, 75."

21053-21063, .
21322,

^^ t ^ r\ n j^ "^ c\ /^ ^\

Thomas F. Joyce,

Robert Staples, esq., • .

Robert Staples, esq..

c! 77.

John Graham, .

Colonel Seymour,

Colonel Seyjjiour,
E. Mulchinock, esq.,

C.

21333-21366, .
21367-21393, ,

Patrick Hanley,
Thomas Davoren,

M. C. Barry, esq., agent,

c.

21420-21460, .
21461-21475, .
21475-21483, .

Mrs. Bolton,
Mathew Nolan,
Francis Leonard,

„ ...
R. Smyth Dickson, esq.,
Martin Hackett, esq., .
P. Crowe, esq., . . .

J) ...
Alliance Insurance Company,
Martin Hackett, esq., .
P. Crowe, esq.,

c.
c.

0, 146.

INDEX TO REPLIES.

xvu

Number of Question.

Name of Witness.

Name of Person replying.

Owner of Property mentioned.

Letter
and No. ■

21690,

"William Bolster,

J. G. Barry, esq., .

Lord Enily, . . . .

C.

•21899-21901, .

Mathew OTlaherty.

Earl of Dvmraven,

Earl of Dunraven,

C.

21940-21941, .

Joseph Casey, .

Sir Thomas Bateson, bart., m.p.

Sir Thomas Bateson, bart., m.p.

C, 29.

22375-22414, .

Michael Lane, .

Colonel M'Adam,

Colonel M'Adam,

C.

22416-22433, .

Michael Lane, .

Captain Mark Maunsell,

Captain Mark Maunsell,

C, 80.

22434-22441, .

Patrick Kane, .

Colonel M'Adam,

Colonel M'Adam,

C.

22442-22450, .

Michael Kane, .

„ ...

,, • • .

C.

22451-22463, .

Patrick Grady,

» ...

,, . . .

C.

22464-22474, .

John Hartigan,

John J. Twigg, esq.,

Finch White, esq..

0.

22475-22490, .

William Howard,

Colonel M'Adam,

Colonel M'Adam,

C.

22571-22581, .

James Stark ey,

D. A. M'Cready, esq., .

Henry Trench, esq..

C, 181.

22653-22662, .

Michael Perry,

Captain Mark Maunsell,

Captain Mark Maunsell,

C, 80.

22723-22733, .

William Halpin,

F. Burton, esq., .

F. Burton, esq., .

C, 143.

22753-22756, .

John Tuthill, .

Captain O'Callaghan,

Captain O'Callaghan,

C, 98.

22802-22815, .

Rev. Patrick Meehan,

Thomas Gabbett, esq., late
agent to R. Moore, esq.

R. Moore, esq..

C, 161.

22862,

Thomas Colleran,

Robert Henry, esq.,

Robert Henry, esq..

A, 40669.

22871-22873, .

Mr. John Maloney, .

Thomas Saunders, esq., agent,

Lady Cooper,

C, 140.

22879-22899, .

John Moloney, .

Wm. Townsend, esq., agent, .

Lord Ashtown,

C, 112.

22945-22958, .

Rev. James Cahir,

Michael Stiiddert, esq., .

Michael Studdert, esq., .

C, 200.

23246-23272, .

Mr. Solomon Frost, .

C. W. Smith, esq..

C. W. Smith, esq.,

—

23449-23461, .

Mr. Patrick O'Shaughnessy,

J)

Lord Carbery,

—

23504-23507, .

Eev. W. Gubbins, .

jj

Cooper,

—

23508-23509, .

Rev. W. Gubbins, .

Wm. Townsend, esq., agent, .

Lord Ashtown,

C,ill2.

23516,

))

Thomas Saunders, esq..

William Cooper, esq., .

C, 140.

23520-23551, .

Mr. W. Madden,

jj

Earl of Kenmare, .

—

23628-31, .

Daniel Connell,

R. S. O'Brien, esq., agent.

Arthur, esq..

C, 142.

23745-51, .

Michael Hogan,

Thomas Moran, esq..

Thomas Moran,

C.

23857-23874, .

Mr. Thomas Corbett, .

' ??

— — Creagh, esq.,

—

23520,

William Madden,

S. M. Hussey,

Earl of Kenmare,

A, 40477.

23746-23751, .

Michael Hogan,

Mr. Thomas Moran,

Mr. Austin Moran,

—

23788-23793, .

lljichael Hogan,

jj

Captain Blackburne,

—

24169-24182, ,

Mr. Daniel Barry,

)3

Sir Edmund Waller, bart., .

—

24253-24260, .

Mr. Da.Tiiel Ryan,

iy

Duggan, esq.,

—

24267-77,

Mr. Michael "Fitzgerald, .

Robert Hunt, esq..

Robert Hunt, esq..

—

24285-24290, .

Mr. Michael Fitzgerald,

J)

Lord Monteagle, .

—

24289-24291, .

Mr. Michael Fitzgerald,

?>

Sayers esq., .

—

24301-24324, .

Mr. Michael Meehan,

Captain Gloucester,

Captain Gloucester,

C, 160.

24329,

Mr. Michael Meehan,

W. Sydney Cox, esq., agent, .

Captain Gloucester,

—

24362-24376, .

Mr. Michael Stritch,

Edward Joynt, esq:.

Edward Joynt, esq.,

C, 189.

DIGEST OF EVIDENCE.

^* The names of counties stand for those in respect to which the evidence was given J the names of places
in italics are those of the places where the evidence was taken.

BfMoleyns, Thomas, Esq., Q.C., Coimty Court Judge
for Kilkenny County ; Dublin.

There have been only fifteen or sixteen Land
cases in County Kilkenny since the passing of the
Land Act, 5. The difficulty in estimating com-
pensation for improvements largely got over by the
Judge seeing the farm for himself, where reason-
ably practicable, 13, 83. Every facility given by
both landlords and tenants for such personal inspec-
tion, 14. Compensation for disturbance operates
silently to discourage causeless evictions, 15, 65.
Never gave the maximum amount in any instance,
19. Compensation for disturbance insufficient
from tenant's point of view, 19. Case in which a
question of reasonable rent arose, on landlord's
plea for an increase of rent, decided it was not a
reasonable increase — compensation for disturbance
accordingly given, 21. The purchaser of a tenant's
holding, without the owner's knowledge, is by the
Act, entitled to compensation for improvements,
44. If demesne lands are let for a continuous
number of years, they may lose their character, 48.
Case where witness held this to be the case, 49.
But it is a question of fact, 48, 52. Thinks the
Equities section gives a very large but useful dis-
cretion to the Court, 53. There has been no
agrarian crime in the County Kilkenny for the
last ten years, 77-9. Five appeals from his deci-
sions in land cases, but no reversal, 80-2. Rather
objects to assessors as far as his experience goes ; ,
the country people would sooner do without them,
85, 86. Knows of no attempts on the part of the
landlord to get the tenant to contract himself out
of the Act, 93, 94. The improvements are gene-
rally made by the tenants, but on a few large
estates — the Clifton, Col. Tighe's, and Lord Bess-
I borough's, the improvements are made by the land-
lords, 95-98, 107. The Act tends to stimulate the
tenant to make improvements, 102. Landlords
should specify their improvements and register
them, 105. As a general rule ejectments should
only be for non-payment of rent, 116-117.
Considers that the scale of compensation for dis-
tixrbance might be enlarged, so as to meet any
possible cases of great hardship, 132-128. In
favour of extending the Ulster custom to Ireland,
132-135. Origin of Ulster custom, 139-141. A
tenancyfrom year to year as much a term as a regular
lease, 145. KUkenny a model county ; very little
rent raising, and few ejectments for non-payment,
146—150. In one case, where there was an attempt
to increase the rent, considered increase unjust, and
gave compensation for disturbance, 151-52. Land-
lords do not as a rule allow their tenants to sell ;
no general custom like the Ulster custom, 156-160.
Considers it vei-y objectionable that the County
Court Judge should be a resident in the coimty, 164.
Considers it desirable to have a scale of compensation
for disturbance, since the substituting of discretion
for law should be avoided as far as possible, 1 65-168.
Thinks assessors would be of considerable assist-
ance if they were first-class persons in a position of
independence, 172. Tenants from year to year are
often burdened with jointures and fortunes, and
their tenancies made the subject of rough settle-
ment, 188-193. The value of the disturbance is
taken for purposes of administration, 194-7. Other
tenants are willing to meet the claim for disturb-
ance upon a landlord who has evicted a tenant —
that is, the incoming tenant gives a certain sum to
the outgoing tenant with the landlord's consent,
204. Custom must be established by a multitude
of instances : the practice on a single farm will not
suffice, 205, 206.

jttm

Ferguson, Robert, Esq., Q.C, County Court Judge for
the West Riding of Cork County ; Dublin.
There are about forty Land cases yearly in the
West Riding of Cork, arising out of notices to quit
and ejectments, with a view of raising rents or
getting possession, 211, 215. A land claim is
seldom brought except after decree for possession is
given, 215. The claims are generally for disturbance
and improvements, 216. As a rule, decrees are given
in favour of tenants, 217. Claims generally are for
compensation for disturbance, and for improvements :
decrees in most cases in favour of the tenant, 216,
217. Actual evictions not at all in proportion to
the number of claims — the dispute being often
settled through the interference of the Chairman,
pending proceedings for compensation, 220. There
have been cases where landlords of much the same
class as their tenantry were prepared to take the
land into their own occupation, or give it to another
tenant, who would pay them more than the 3rd
section would allow, and where a compromise could
not be arranged, 221. There was one case of a
landlord of position who evicted twice, and each
time got more from the tenant than the compensa-
tion, the maximum for disturbance being awarded,
221—3. Where ejectments are brought into the
County Court, the Judge has many opportunities
of bringing about an amicable settlement, 241. In
nearly every case, the Judge was successful, where
the ejectment was for non-payment of rent, in
getting time extended, 241. Cases of ejectment
for non-payment of rent should not be brought in
the Superior Courts, as it deprives the County
Court Judge of all chance of settling between the
parties, 241. Suggests power to be given to remit
arrears, and give compensation in cases of eject-
ment for non-payment of rent, if fair terms are
rejected by the landlord, 242. The County Court
has power to postpone execution of decree for one
year, 243, Nearly every case of ejectment for non-
payment of rent settled through intervention of the
Judge, in consequence of this power, 246-8. An
independent valuator or valuators, if possible be-
longing to the district, essential for guidance of
County Court Judge, in cases of disputes about
rent ; disputes as to rent should first come before
the valuator, and if not then settled, ejectment for
non-payment of rent should come before the County
Court Judge, with appeal as at present, 249-253.
Compensation for Improvements clause defective,
254-6. No new tenancy between same parties
should destroy right of tenant to compensation for
improvements, in absence of contract to that effect,
257-9. Does not hold that a notice to quit consti-
tutes a new tenancy, but new lease does 260-3.
Few cases of hardship, and mostly on small estates,
where landlord and tenant are much of same class.
On large estates, seldom come to Court, 264—6.
Cases in Superior Courts, causing ill-feeling, 267-8.
If no defence in Superior Courts, no opportunity of
compromise and more costs, 271-2. Compensation
claim can only arise after tenant being finally
put out, and land given up, 276-9. No ad-
vantage in diminishing period for redemption,
282-4. Tenant generally reinstated as caretaker,
285-91. Cases of redemption generally the act of
mortgagees, 292-5. Exceptions in section 4 of Land
Act too niunerous, 296-7. " Equity clauses"
most valuable, 299. In favour of perpetuity of
tenure, 303-5. Suggestions of means of fixing rent,
306-11. Should be illegal to contract out of Land
Act, 312-13. Compulsory division of county cess
314. Improvements made by tenant, 315. Leases
avoiding claim under Land Act increasing, 316.
In land cases, personally inspects farm where prac-

d

XX

lEISfl LAND ACT COMMISSION, 18S0.

Ferguson, Robert, Q.c. — continued.

ticable, 317. Not worth wliile appointing asses-
sors, 319. Disapproves of peasant proprietary on a
large scale, 32,0-2J, In cases where tenants had a
large share of th^ purchase money, would be an
advantage, 321-2. To jmrchase oul all landlords
an impossibility, 325. Some land in Cork so poor
tenant could not lire if rent free. Distress the
cause of present agitation, 327-30. A good mea-
sure of tenant-right all over Ireland sufficient, with
clauses against sub-letting and subdivision, 331-3.
Especially necessary with peasant proprietors, 334-7
Tenants, as a rule, well disposed towards their
landlords, 339. The labour question, 339-40.
Cases of hardship rare on large properties, 341.
Some of the best landlords opposed to any legisla-
tion, 343-4. Landlords' hands tied by mortgages,
344-5. One bad case of hardship afi'ects a wiiole dis-
trict with a feeling of uncertainty, 353-5. Rent
higher where land let by English than Irish acre,
357-8. A body to purchase land for tenants a great
advantage, 362-4. Many landlords would sell if facili-
ties given, 365-G. No indisposition to pay fair rents,
367-8. Present Land Act affords ijisufficient jjio-
tection, but has done much good, 375. The Act
gives tenant facilities for borrowing, 378. Deters
landlords from rent raising, 379. In unjustifiable
evictions, always gives the maximum compensation,
383-4. "Would preserve ownership, but give
security to tenant, 391. Tn favour of compulsory
tenant-right, 392-5. Would not limit peasant pro-
prietary to large holdings, 3 '.J 6 -8. Case of a labourer
purchasing tenant-right, 399-400.

Ormshy, Bight Hon. Henry, Judge of Land Court.—
Dublin,
Discharges all receiver business, 401-7. Hears
applications for reduction of rent, except in lunacy
matters, 408-9, 421. Has control of receivers and
management of estates, 410-1. Abatement of rent
generally granted, except where tenants well able
to pay their rents, 412-3, 422-3, G20-1. Procedure
in such cases, 413-5, 424, 466-8. Number
of receivers appointed in 1879 and 1880 by Land
Judges, and previously, 416-418. Gross rental
under receivers, £438,429, 418, 559, 560. Few
applications for abatements from Ulster, 425-429.
Rents generally higher than tenement valuation,
430. Applications for abatements are on ground
of bad seasons, failure of crops, and i-ent too high,
431-3. Generally made when a year's rent due,
434-442. Mode of letting land in Court, 444-8.
Ejectment rare by receivers except for non-payment
of rent, and with leave of Judge, 449-459. Appoint-
ment and payment of receivers, 460-4. Transfer
permitted by tenant if party solvent and proper,
469-476. No inquiry as to amount of purchase-
money, 473-4. Applications for sales by tenants
come from all parts, 475-6. Cases of sales to
tenants under Bright clauses, 477-480. Case of
the Harenc estat«, 480-499. Suggestions for
amendment of Bright clauses — Board of Works
might be enabled to lend, subject to rent-charges or
jointures, where security good, 500- .504, 518-524.
Cases in point, 504. Expenses of loans, 507-513.
Not desirable to encourage purchase by tenants
where whole purchase-money is borrowed, 515-7.
Increase of receivers owing to delay in sales
through want of demand, and operation of Judica-
ture Act facilitating appointment of receivers,
525-9. House property sells better last two years,
530-2. Selling value of land in Landed Estates
Court, 534-540. Existence of tenant-right con-
tributes to higher selling rate of Ulster estates,
540-1. Proportion between rent and tenement
valuation, 542-6. Danger of peasant proprietary
m next generation subdividing, 547-550. Scheme
should be confined to industrious tenants, 551.
Sales m Court of lands to pay off paramount
charges, 562-6. Cases of agreements for sale to
tenants outside Court, 567-8. Costs in such cases,

568-570. Procedure in forming lots to facilitate
sales to tenants, 571—3. A separate Commission
not necessary, but wouldsave trouble to Court, 5 7 4-5.
Course of procedure where trustee for tenants
buys, 576-584. District registries of title not re-
quired, 589. Working of Record of Title, 590-
607. Practically a failure, 593. Tenants seldom
record title, 608. Local registries would require
very competent men ; cause confusion where land
held by same owner in different districts, 610-3.
Buyers in trust for tenants are regarded by the Court
as themselves the purchasers ; no practical danger of
fraud, 614-5. Abatements fewer where tenant-right
exists, 616. Sales of tenants' interests are sanctioned
apart from custom,617-8. Postponeinents of rent till
after harvest frequent,622-3. Alienation unobjection-
able in case of purchases under Bright clauses, 624.
Would not object to puisne mortgaging, 625-6.
Abatements of rent do not affect incumbrancers,
627-633. Cases of sales of tenant purchasers' pro-
perties by judgment mortgagees must be with con-
sent of Board of Works, 633-5.

Greene, John Ball, Esq., C.B., Commissioner of
Valuation. — Dublin.

History of valuation in Ireland, 637. Basis
of townland valuation of 1826, 637-651. Valuation
Act of 1846, 645, 652. Valuation Act of 1852
(Griffith's), 652. Basis of Griffith's valuation,
657. Scale of prices in Act of 1852, and in
1877-8, 658-674. Valuation of part of Ulster on
higher scale than south and west. Been later
made, and greater produce there, 675-7. Valuation
not a standard where tenant-right exists, 678.
Interest on the tenant-right purchase should
be added to the rent, 678, but on revaluation not
possible to take this into account, 679-81. Change
from arable into pasture since valuation, 682-7.
No alteration in valuation of land, 'but there is of
houses, 690-4. Total valuation of land and houses,
695. Statistics of arable and non-arable land, 698.
No. valuation for shooting purposes, 713-5. No of
holdings in Ireland, 723. Area under crops in
1859 and 1870-72, 725-732. In 1876, addition of^
33 per cent, estimated for a new valuation, 744-5. *
A fair rent would be above Griffith's valuation,
747-58. Special valuations in view of loans under
the Bright clauses, 759. Board of Works now
advance thirty years' purchase on Griffith's valu-
ation, 759-760. ' Special valuation paid for by
tenant, 765. Peasant proprietary might be tried
with farms of considerable size, and tenants who
had the money, 775-782. Valuation began in
1853, and ended in 1865, 783-9. Additions re
quired to bring other counties to Ulster standard,
790-5. Ulster valuation on scale of prices lower
than at present, 795-6. County Dublin, revalued
50 per cent, increase, including buildings, 797-
811. Valuation of inferior land nearer actual value
than better land, 815-8, 855-6. Scale of prices
under Townland Valuation Act, 819. Valuation
of Munster, 822-4. No. of farms consolidated
from 1872 to 1876-7, 824-8. Mode of valuation
adopted and sort of valuers employed for tenement
valuation, 829-833. Principles to be adopted in
new valuation, 834-847. Ulster valued higher
because farmed better, 848-50. Valuation of
light land in county Cork, 851-6. New valuation
of county Dublin not Ijased on scale of prices, but
actual letting value, 857-862. Valuation Office
able to furnish competent men to settle fair rent in
disputes between landlord and tenant, 863-9. No.
of agricultural holdings in Ireland less than
600,000, 870-2. Persons living near towns, might
be helped to purchase four or five acres, but not in
remote country places, 873-6. Increase of annual
payments over rent in case of advances under
Bright clauses, when purchase-money twenty-five
and twenty-seven years' purchase, 877-8. But
need not be if loan at lower rate, or period of
repayment extended, 879, 880.

DIGEST OF EVIDENCE.

xXi

La Touche, John, Esq., Harristowu ; counties Kildare,
Leitrim, Dublin, Tipperaiy, Limerick, land-
owner.— Dublin.
The Land Act works extremely well, 885. Should
be extended to leaseholders, and provide full compen-
sation for improvements on quitting. 885. Ad^-an-
tages of Act, as to compensation for improvements,
should be extended to all tenants, 887, 909, 917-
920. The exceptions should be removed, 889-890.
All tenants should be protected from contracting
themselves out of the Act, 891-4. Case where
witness could have appropriated all the tenant's im-
provements, 895-909. Lease at low rent in con-
sideration of tenants' improvements, not case for
compensation, 910-2. Eegistration of improve-
ments might be done at Petty Sessions courts, 913-
5. Does not recognise sale of the good-will, 922-
929. Even in case of voluntary surrender, and
where landlord is unable to pay for the improve-
ments, 941-5, 974-981. General introduction of
tenant-right would be unjust to landlord who lets at
low rents, 930, 953-964, 970. A tenant selling to
recoup himself for improvements, 935, 973-4. The
Ulster tenant-right system cripples the incoming
tenant, 946. Has run up land beyond its legitimate
value, 946-950. Tenants offer more than a fair
rent, 953-969. Improvements should include all
added value not exliausted, 971-3. Oases of te-
nants in county Leitrim under loiig leases — unable
to pay rents — holdings greatly subdivided , 984.
Purchasers under Bright clauses would subdivide,
984-7. Advanced money for emigration to
tenants surrendering, 988, 1013-4. Another
case in Kildare of a long lease greatly subdivided,
991. Would promote peasant proprietorship
solely by simplifying and cheapening the
transfer of land, 992-3. Cost of present system
of land transfer,994-5, 997. Class of substantial
yeomen proprietors would be a great benefit, 1001-
2. Tendency to subdivision still ^exists, 1008-
1012 ; but not to same extent since emigration set
in, 1013-17, 1022. Farms of less than fifteen acres
too small, 1027-30. A body to purchase and resell
to tenants would lessen costs of transfer, 1036-7.
Would not limit the power of mortgaging small
holdings or large estates, 1056-60. Would pro- •
hibit subdivision without limit in case of peasant pro-
prietors, 1072. Similar objectionsto subletting, 1078.

Sweetman, John, Esq. , Menion-square ; counties Kildare
and Meath, Parmer proprietor. — Dublin.
Gave two tenants leases of 999 years ; great im-
provements made in consequence, and security for
rent improved, 1083, 1105-6, 1116-19, 1146-7.
Punctual payment of rent and no reduction asked,
1112-3. Experiment satisfactory, 1244-8. Great
expense of leases — instances, 1086-91, 1096-1104,
1111. Leases contained clauses against letting
in conacre, but not against subdivision, 1092-5.
Tenants of seven acres can live by aid of sons'
work or dealing in cattle, 1121-4. Compensation
for disturbance insufficient ; in fact no compensa-
tion wiU satisfy small tenants, 1126-30. Consoli-
dation by Mr. Nicholson and eviction before and
since Land Act to turn farms into grazing land,
1131-7. Ill-feeling in consequence, 1137-43.
Ejectment only for non-payment of rent woidd give
security, 1144-5. Peasant proprietorship would
encourage thrift, and through natural causes the
farms will get into best hands, 1151-6. . But a
general scheme not practicable financially, 1157-8.
Fixity of possession except for non-payment of rent
would give sxifBcient security and satisfaction,
1159-60. The right to sell most important, as the
thrifty suppliant the lazy, 1160. Case of Mr.
Elcock who got highest compensation under Act,
but insufficient, some buildings not being agricul-
tural, and he lost several thousand pounds,
1161-78. Tenant will agree to any rent sooner
than be evicted, 1179, 1190-2. In case of dispute

. as to rent there should be arbitration, 1181-9,

1197-8. Improvements generally made by tenant,
1193-4. Tenants consider the land their
property as long as they pay a fair rent,
1 1 95-6. Member of Tenants' Defence Association,
1201-4. Case of ejectment by landlord resuming
possession; bitter feeling prodiiced, 1206. No
danger of excessive subdivision, 1213-5. Con-
acreing exhausts the soil, 1216. Studied question
of peasant proprietorship on Continent, 1218-23.
Peasant proprietorship would improve farming and
character of peoph^ socially and as citizens,
1224-30. In Cavan many small farms on which
tenants live comfortably, 1231-6. Tenant-right
exists to a great extent in Cavan, 1238. Not
generally in Meath, 1241-2. Case of renWaising
on death of tenant, causing ill-feelingj 1239—40.

Patterson, Rev. Samuel S., Bally^oran ; Co. Kildare,
Wesleyan Minister. — Dcblin.
Is a tenant farmer, 1254-9. His action
against Duke of Leinster, 1260-9, 1272-5.
Yearly lease offered him, with stringent cove-
nants, barring compensation except for improve-
ments agreed on, 1270, 1281-94. Effect of
lease to disturb and unsettle the tenants on the
estate, 1292. Consent of landlord to tenant im-
proving should not be required, 1296-7. ' Duke
of Leinster improves with money from Board of
Works and tenants pay increased rent, 1304-7.
No general custom of improvements by landlord,
1309. Eviction of trustees of College of Maynooth
on refusal to take lease, 1309-13. Lease refused
by few tenants of estate ; generally signed, but re-
luctantly, 131-4-5. Rent should be subject to
arbitration or decision of court, 1317-8. And
tenant paying such rent should not be ejected,
1319. Such a law would produce tranquility and
prospei-ity, 1320-7. Tenant-right custom of the
greatest advantage in North, 1329. With security
witness could double produce of farm, 1329. With
security Irish tenants would be industrious, 1330.
Tenants agree to pay too high rents, 1331-4. Land
Act conferred great benefits, 1337. And has
worked fairly, though it does not go far enough,
1337. Power of ejectment checks improvement,
1340. Free sale would lead to consolidation of
holdings, 1341-6. Case of eviction by Duke of
Leinster, 1347-50. Incase of ejectment for non-
payment of rent, tenant should have right of sale,
1353-4. Greatest defect of. Land Act is power of
contracting out of it in tenancies over £50, 1355.
Large tenants in great distress and want protection
as much as small, 1356-63.

Robertson, Mr. Thomas, Narraghmore; counties Kildare
and Louth, Tenant-farmer. — Dublin.
Insecurity of tenant prevents improvement, 1375.
Land Act failed in being permissive in its pro-
visions, and in the absolute power given to Judge,
1376-7. Case of Trye v. Duke of Leiaster, 1380,
1 393-1 402. Compensation insuflScient, 1 380, 1 386.
Should be a jury in land cases, 1381-5. Would ap-
prove of a valuator as assessor, or of County Court
Judge, 1403. Cases of rent unduly increased
imder pressure of notice to quit, and of tenants com-
pelled to sign lease ousting claim under Land Act,
1404-23. In favour of fixity of tenure, valued
rent, and free sale, 1424. Tenants have as much
capital invested in the land as the landlords,
1426-1430. Payment of compensation no bar to -
eviction ; landlord gets it back from incoming
tenant, 1436-7. Case of landlord on purchasing
estate raising rents and compelling tenants to take
leases, 1438-46. As a rule, landlords do not im-
prove, and all improvements are by tenant, 1447-52.
Ireland would require expenditure of twenty years'
rental to bring it to same condition as Great Britain, ■
1453-6. The three F's would settle the land ques-
tion, 1457-8. Permissiveness of Land Act its
gi-eatest defect, 1461-4. Procedure to obtain com-
pensation objectionable ; would prefer a jury or
arbitration, 1465-70. Land Act has led to general

d2

XXll

IRISH LAND ACT COMMISSION, 1880.

Robertson, Thomas, Esq. — continued.

raising of rent, 1472. Eents should be settled by
arbitration, 1475. Land Act admits principle of
rent valuation by the Land Court, 1478-83. Either
party should at any time have right to get new
valuation of rent, 1484-91. Tenant should have
power of sale to highest bidder, subject to reason-
able veto, 1493-1500. Would have power of evic-
tion for deterioration, 1503-5 ; but not for sub-
dividing or subletting, 1506-7 ; nor for bad
character, 1509-12. Power of raising rent on tenants'
improvements prevents them improving, 1512-3,
1515. Fair to raise rent if landlord improved, 1514.
In favour of peasant proprietary as a gradual process,
and of free trade in land, 1516-22. Estates should
be sold in holdings, 1523-4. Great costs of sales
in Court obstacle to working of Bright clauses,
1525, 1537. Government should advance entire
purchase money, 1528-30. Landlord should bear
costs of investigating title, 1534. No sales to
tenants of their farms in KQdare, 1539. Great
improvements made by peasant proprietors on
commons of Kildare, 1540-5. Distraint rare,
1546-8. An invidious power, 1547. Sales per-
mitted by Duke of Leinster of tenants' interests,
but subject to acceptance of Leinster Lease, 1550—5.
Tenant-right not in northern part of County Louth,
except in a few estates, 1558-9. Condition of
labourers, 1561-9. Wages falling last two years,
1564 ; now Is. Qd. & day, 1567.

Toumshend, Charles U., Esq., Molesworth-street, Land
Agent. — Dublin.
In Counties Antrim, Cavan, Down, Dublin, Kil-
dare, Kilkenny, Monaghan, Tipperary, Tyrone,
Monaghan, Waterford, Wexford, and of general
experience, 1570-3. Griffith's valuation and Ord-
nance maps of great value, 1574. History of valua-
tion from 1826, 1574-6. Error in Act of 1852 in
directing deduction of all rates and taxes led to low
valuation of counties first valued, 1576. Govern-
ment valuation is a guide to letting value, but it
varies, and in mixed arable and pasture land 25 to
30 per cent, might be added, 1577. In pasture
lands sometimes 100 per cent., and in mountain
districts 500 per cent., 1578-79, 1633-7. The
valuation is not relatively fair as between North
and South, 1580-4. More tillage and more produce
in North than in South, 1585-1590. Southern
tenant being lower valued gets higher compensa-
tion for disturbance under sec. 3 than the Northern
tenant, 1592-5, 1598-1600. Rent as fair in South
as in North, 1596-7. Table of prices of produce
under Act of 1852, in 1867, and in 1877, 1605.
Variations in prices of cattle since 1877, 1606-12.
Elements of valuation of land, 1613-24. Return
from Fanner's Gazette of prices of agricultural pro-
duce from 1830 to 1879, 1624-7. Farms seldom
change hands, 1639. And rents little raised last
twenty years, 1640. Rents raised more in large
than in small holdings, 1641. Grifiith's valuation
fallacious, 1643-6. A general valuation should
not extend over two or three years, 1647. Revi-
sion of valuation only for houses, 1648. A new
valuation would not distinguish improvements of
landlord and tenant, 1649-1650. Elements of
valuation for rent — price of labour, locality, mar-
ket, elevation, general improvements of country,
1655-1660.

Bernard, WiHiaxa L., Esq., Chief Clerk to 'Commis-
sioners of Church Temporalities. — Dublin.
Modes of mortgaging under Church Act and under
Bright clauses, 1668-9. Freedom of alienation to
purchasers borrowing from Church Commissioners,
1669-1672. Similar freedom would aid working
of Bright clauses. Purchase clauses in Church Act
have been very successful, 1678. Great improve-
ments by the new owners, 1679. Great punctuality
m pajTiient of annuities, 1680-2, 1821. Creation of
peasant proprietors would promote loyalty and order,
1684-6. Should be promoted gradually, not by
•wholesale purchase, 1687-8. Board should have dis-

cretion to lend entire purchase money, 1689-1691.
Owners of estates wishing to sell would accept
State debentures through Public Board constituted
for purpose, 1692-9. Stamp duty and cost of con-
veyancing would be remitted by Board, and adding
a small percentage to purchase money, 1700-2.
Mode of conveyancing under Commissioners, and
costs, 1703. Disputes of Commissioners with their
Solicitor, 1708-12. Action of Incorporated Law
Society, 1710. Commissioners' scheme of con-
veyancing and costs worked well, 1719. London
Companies and other corporations should be com-
pelled to sell at prices fixed by impartial tribunal,
and be paid in State debentures, 1720-6, 1737,
1821-32. Suggestions as to creation of a three and
a half per cent, land stock, 1732-3. And as to
charging orders, exempt from stamp duty, in lieu of
ordinary conveyances and mortgages, 1734, 1833-5.
Mode of determining amount of purchase money
by tenants under the Church Commissioners, 1754-7,
1792-9. Mode of dealing with the residue unsold
to tenants, 1758. The Church lands sold to tenants
were principally in Ulster, but scattered all over
Ireland, 1761-6. Difference of law as to right of
apportionment of head rent, 1768-7.3. Fee-farm
rents should be apportionable, when sales made to
tenants, 1774-8. Or placed upon one lot idemni-
fying the others, 1779-1791. Proportion of fee-
farm rents to value of estate, 1789-91. One Com-
mission should manage the whole system of sales
to tenants, 1802. Following the system and
having the powers of the Church Commissioners,
1803-4. With option to tenant to purchase by
terminable annuities, 1805-12. Mode of collecting
payments by Church Commissioners through re-
ceivable orders, 1816. Valuations for purposes of
sale to Commission, 1821.

Allen, Mr. Samuel Joseph, Income Tax Surveyor. —
Dublin.
In Counties Cavan, Donegal, Fermanagh, Gal-
way, Leitrim, Mayo, Monaghan, Roscommon and
Tyrone, 1836-7. Had opportunities of knowing
proportion between rent and valuation, 1838-41.
In Union of Loughrea, rent very frequently double
the valuation, 1842. In Clifden and Oughterard
Unions, sometimes four times the valuation, 1843.
In Donegal, Fermanagh, Tyrone, rent often under
Government valuation, 1844-52. Mountain land
low valued in the West, 1853. Mountain
grazings sometimes held separate from, some-
times appurtenant to arable holdings, 1854-62.
Tendency to consolidation in the West, but not on
a large scale, 1863-4. Consolidation greater before
1870 than since, by checking evictions through com-
pensation clauses, 1874-1881. Great anxiety of
tenants to become purchasers of their holdings,
1882-4. Purchasers in the North working hard
and living frugally to repay advances, 1886-8,
1890. Very satisfied, 1889. In Tyrone large
number of farmer proprietors of old date, 1891-6.
Subdivision not common, norto undue extent, 1896-
8. Very few leases in Galway and Mayo, 1899-
1900. Very few since Land Act, 1901. Tenants
in West and North prefer leases to yearly tenancies,
but landlords before and since 1870 have been
unwilling to grant them, 1902-4. In the North,
tenants desire leases, if at a fair rent, and they did
not sacrifice the tenant-right, 1905-1915. Distur-
bances in Mayo due to evictions and passionate
attachment of tenants to their farms, 1919. And
to want of security, 1933-4. In West great poverty
through extreme subdivision in some parts, while
other parts are held in large farms, 1920-4. Owner
of twenty acre farm in West could live in comfort,
1929-30. Or, if tenant, he had security, 1931-2.
Tenant-right in Donegal, cause of quiet, 1933-7.
In Galway and Mayo tenants save money, but do
not improve, 1938. Case of tenants improving
under sense of security on Mr. Tighe's estate, 1939-

1942. Land Act at first stimulated improvements,

1943. Landlords seldom contribute to tenants'

DIGEST OF EVIDENCK

XXIU

jlllen, Mr. Samuel Joseph — continued.

improvements, 1943. No tenant-right in Gal way
or Mayo, but sale permitted, 1944. Rent
often raised on tenants' improvements, 1946-7.
No general increase of rent, 1950. Tenant
unable to resist demand of exorbitant rent, 1951-2.
Extension of Ulster custom to all except! grazing
farms would be beneficial, 1953-8, 1964-5. "A
dumb priest gets no parish," 1959. It would
be acceptable even where landlord makes the
improvements, 1960-2. Landlord should be com-
pensated for his improvements by increased rent,
1961—2. Independent arbitration to settle disputes
about rent, 1964. Griffith's valuation practically
useless for rent or taxation purposes, 1967.

Reeves, Hobert Edward, Esq., Landowner and Land
Agent — Dublin.
In Kilkenny, Limerick, Queen's County, and
Tipperary, 1968-70. Tillage land in Tipperary
dearer at Government valuation than grass farms
at 20 per cent, over, 1975—6. Witness has reduced
rents of tillage lands since 1 8 6 8 to about G o vernment
valuation, 1978-9, 2009-2010. Tenant is not
evicted — allowed to sell, and arrears deducted from
purchase-money, 1981-2. No consolidation of
farms to any extent, 1985. Leases of thirty-five
years general with clauses for good husbandry, to
' keep in repair and against oonacreing, burning, sub-
letting, and selling with assent, 1986-1990, 1998.
The good will of holdings sells at fourteen to fifteen
years' purchase : Instances, 1992—7. Landlord
exercises reasonable veto on incoming tenant, 1999.
Permission to sell not general in Tipperary or
Queen's County, 2000. Since 1875 sale by tenants
At will — at seven years' ])urchase for small mountain
farms; one tenant bought four holdings, 2001-6.
Right of sale would be important, but rents are some-
times too low, and sometimes too high, 2007. On
Lord Devon's estate, pennission to sell is recognized.
In Switzerland half the farms are mortgaged,
2011-4. Is opposed to peasant proprietary, 2013.
French in wine districts thrifty and industrious,
but poor, 2015-7. Landowners of 100 to 150 acres
would be an advantage, 2020. Near towns smaller
proprietors would be valuable, 2021. Rent of
land in North higher than in South, 2026. Lands
of old proprietors in Limerick and Tipperary are
low let ; of English purchasers are high let, 2029-31,
2080-3, 2100-3. Rents of latter raised much;
result, very much dissatisfaction and danger, 2031-3.
Farms should not be let by competition, nor where
landlord lays out nothing, at more than fair rent,
3034-5, 2070. Large improvements on Mr. R.
Pigot's estate, and no increase of rent, 2036. Raising
rent where land let fairly checks tenants' improve-
ments, 2037, Landlord should be compensated
for his improvements by moderate increase of rent,
2035-9, 2071-4. In Limerick much improvement
by landlords, 2040. In case of dispute as to rent,
arbitration is the only course possible, 2043-5.
Much improvements by tenants on mountain lands
in Galtees and Slievebloom, 2047-52. Tenants very
poor, though low-rented, and having practical fixity
-of tenure, 2054-60. The Swiss marvellously indus-
trious; better clothed and housed, but worse fed than
the Irish, 2062-8. Loans should be given to tenants
for improvements under superintendence of Board
of Works, 2075. Leases at fair rents, rent at
termination only to be raised on landlord's improve-
ments would give security to landlord and tenant,
2076-9. In favour, up to recent time, of periodical
revisions of rent, 2085. Rents likely to fall in the
future, 2086-7. Should be periodical revision of
rent, at wish of either party, 2088-90. On intro-
duction of a compulsory tenant-right, a new valua-
tion, 2091-2. Too much rent offered for land, 2099.
Desirable that tenants on sale of estate should have
opportunity of purchasing their holdings, 2102.
Difficulty in fixing purchase-money, by tenant having
right of pre-emption, 2104-5. Poor rate and county
.cess should be divisible between landlord and tenant,

2105. Tenants this year assisted to borrow for
improvements, 2108-9. In general, landlords con-
tribute largely towards improvements on farms,
2110-1.

Meagher, Rev. Thomas, p.p., Newport., Co. Tipperary.
— Dublin.
Condition of tenants not naterially improved by
Land Act, 2 1 1 3. Absence of j ury a great blot, 2113-
6, 2129-32. Set-off for dilapidation is valued at pre-
sent prices, whilst tenants' improvements are valued
at prices of time when made, 2118. Meaning put
upon "predecessors in title" has led to evasions of
provisions for compensation, 2120-2. A jury
of arbitrators should decide compensation, 2130-2.
In favour, for North and South, of perpetuity of
tenure at fixed rents, 2138-9. Tenants should have
power of free sale and of subdivision, 2140-3. A
fair rent should exclude tenants' improvements, and
in case of dispute, be fixed by arbitrators, 2145-6,
with umpire, appointed by Government, 2151, 6.
In favour of Griffith's valuation, minus tenants'
improvements, as basis of fair rent, 2149-51.
High-class pasture lands are low valued in tenement
valuation, 2153. Subdivision should be permitted
down to a certain point — say twenty acres, 2156-
9, 2194-5. Evicted persons starving in adjoining
villages, 2160-7. Farmers have only three months'
labour for labourers in the year, 2168. Wages are
Is. to Is. 2d. a day, 2169-70, 2173. Eviction of
small holders due to provision as to payment of poor
rates on holdings valued at and under £4, 2171.
No poor rate should be charged on holdings under
£4 valuation, 2180. Erection of labourers' cottages
should be made compulsory on landlord and tenant,
2181. On pain of landlord forfeiting his rent, and
of tenant losing his fixity of tenure, 2182-2193.
Large pasture farms should be broken up into re-
sidential farms, 2195-8. The labourer should be
under the landlord, 2201. Peasant proprietorship
scheme should not extend toigra,ss lands or holdings
beyond £100 value, 2204-8. Ejectment should be
for not less than two years' rent due — in analogy to
Roman Law, 2208-1 1. Hanging gale is going out
of use, 2212. Leases of thirty-five years at fair
rent, as under 28th section of Land Act, should be
made compulsory, 2213-6. Where tenant has made
improvements, he should have a fixed interest,
2218-2222. Tenant should be debarred contracting
himself out of Act, 2222-3. Fixity of tenure
should be confined to residential holdings under
£100 valuation. Above that limit, or where land-
lord makes all improvements, there should be free
contract, 2228-40. Except on one or two estates,
landlords do not make improvements, 2244.
Limited right of sale generally exists, 2247-8, In
favour of free sale, 2249-51. And without a veto
on incoming tenant, 2252-3. Landlord should
have right of pre-emption, if he pays full price,
2254-5. High rents not usual, nor is rent-raising,
2257-61. Instances of rent raised on tenants' im-
provements, 2262. Scheme for promoting peasant
proprietorship by Registry of Title and Land De-
bentures, 2267-2270. Produces evidence from a
meeting of tenant farmers as to rents and valuation
in the parish of Newport, 24135. Right of sale
exists here and there, 24136. Messrs. Hamilton
and Hussy have raised rents, 24182.

Coleman, Mr. Bernard, Ballybarrack, Dundalk ; Co.
Louth, Farmer. — Dublin.
Farmer proprietor, with a few tenants, 2273-80.
Case of increase of rent under notice to quit to more
than fair rent, 2283-2290, 22S7-8. Compen-
sation for disturbance should not be limited to
tenants of under £100 valuation, 2293. Case of
farm unlet where tenant evicted for nonpayment of
rent, 2293. Loss of part of a farm affects
system of farming, 2297. Case of several rises
of rents on tenants' improvements, 2302-4. ' Case
of purchase in Land Court by witness, forced to
give upset price, beyond its value, 2305-9. Price
included value of his own improvements, 2310.

XXIV

IRISH LAND ACT COMMISSION, 1880.

Coleman, Bernard — continued.

Sheep-feeding enriches land much, 2.307. If
evicted by new purchaser he could have recovered
nothing for disturbance, and for improvements,
little, 2308. Rent had been raised in 1874 on
tenant's improvements, 2308. Compensation for
disturbance should extend to tenancies of any valua-
tion, 2326. Permission to sell given, but not as a
right, 2327-9. Case of tenant-purchaser borrowing
and refused alienation by will, 2334-47. Could not
get two-thirds of purchase-money, 2335. Purchaser
has no control over his property till advances repaid,
2346-8. Does not object to prevention of sublet-
ting and subdivision, 2347. Though the Board has
only advanced one-third, purchaser is subject to for-
feiture if he charges it with a shilling, 2349-58.
No deduction for income tax by Board, 2350.
System of loans under Bright clauses no advantage,
2351-63. With better security tenants would
make more improvements, 2366-7. Tenant-right
in Louth would be a benefit, 2380-2. Does not
think valuation of rent by independent authority
practicable, 2383, 239.3i Compensation should not be
less than one year's rent in any case, 2387. Ge-
neral feeling in favour of fixity of tenure at valued
rents, 2391. In favour of right of sale by tenant,
2394. No necessity for veto in landlord, 2395.
Little capricious eviction In county Louth, 2396.
In favour of retaining right of eviction, and of
altering rents, 2398-2405. Difficulty of valuing
rents, 2406. In favour of enlarged scale of com-
pensation in case of farms of all sizes, 2407-8.

Derham, Mr. Andrew, Skerries ; Co. Dublin, Farmer. —
Dublin.
Tenant-farmer and small owner in fee, 2410-6.
On Mr. I. T. Hamilton's estate Ulster custom pre-
vailed before 1870, but since, a movement to break
it down, 2417-8, 2425-6. Case of tenant-right
purchase by witness, 2417-24. Case of tenant re-
fused liberty to sell, who held on till evicted for non-
payment of rent, when he got stipend for life, 2428-
31, 2434-7. Custom was approval by landlord of
tenant incoming, but not of price, 2432-3. Matters
in which Land Act has failed — 1st, insufficient
compensationforimprovements, 2439. Compensation
should not be lessened for time of enjoyment, 2439.
2nd. As to tenure, there should be perj^etuity, with
free sale. Prevention of sale pernicious — as land
becomes deteriorated : case in point, 2439-2440,
2460. Rent should be regulated by some court or
Government official, 2441-2. Estates of absentees
should be sold to tenants. State advancing three-
fourths of purchase-money, 2442-3. Exorbitant
rents lead to deterioration of land — case, 9444-7.
Corporations' estates should be sold to tenants^
2448. Landlords do not mingle with their tenants
sufficiently, 2448. Advances by Board of 'Works
insufficient where tenant has made valuable im-
provements, 2448. Witness got loan of only £2,400
out of between £7,000 and £8,000 purchase-money,
2450-3. Payment of county cess should be divided
between landlord and tenant, 2454. County cess
section of Land Act excluded in new leases, 2454-6.
Landloid should not be allowed to contract himself
out of his liabilities under Land Act, 2457. Ex-
tension of Ulster custom satisfactory, if landlord
prevented putting on an unfair rent, 2458-60.
Tenants' improvements should be excluded, land-
lords' included, in valuation for rent, 2462-4,
2481-4. Revaluation of land for rent might be
every twenty years, 2461. Repayments by tenant
purchasers at 5 per cent, are too heavy ; time of re-
payment should be extended and rate lowered,
2466-71, 2476, 2478. Those who have money
could pay oflF quicker, 2471. Extension of Ulster
custom would give most employment and prosperity,
2472. When estate comes to be sold, tenants should
have privilege of purchasing, 2472. Lands of cor-
porations and absentees should be compulsorily sold
to the tenants, 2473. Doubtful if tenants could pay

an increase on present rent to secure ownership,.
2474. State of crops in 1880, 2474^5. Non-
alienation clauses in case of Board of Works loans
objectionable, 2476. Tenant should have perfect
security, 2477. Tenants should have option of
purchasing perpetuity, or the fee, or get Ulster
custom, 2477-80. Improvements usually made by
tenants, except in case of drainage by landlord with
loans from Board of Works, 2485-6.

Everitt, Mr. James, p.l.g., Drogheda; Co. Meath,
Tenant Farmer. — Dublin.
Great expense and hardship of proving land
claims ; case, 2489. Difficulty in tenant getting^
witnesses, 2489, 2501-2, 2520-1. Protracted
litigation, 2492-9. Case of eviction; compensa^
tion awarded by court inadequate, 2503-12.
Landlord no gainer by the eviction, 2514. Tenants
deprived of possession may not get compensation for
two years, 2522-3. Grievance that land judges
hold that ten years' enjoyment recoups tenant for
outlay : cases in point, 2524-35, 2542. Improve-
ments on pasture lands not sufficiently compensated,
2536-7. To make good fattening land, requires
twenty years, 2538-2540. Purchasers in Landed
Estates Court generally raise rents arbitrarily,
2544-7. Loss in farming last year in Meath,
2548. Defect of Land Act, that large tenants
are not entitled to compensation for disturbance,
case. 2548-2553. Defect of present land sys-
tem— no resident landlord or agent, 2554-9.
Unwillingness of absentee landlords to improve,
2560-4. Landlords who themselves make the
improvements are more willing to reduce rents,
2564-5. Unwillingness of tenants to go into Land
Court, 2566. Case of rent unduly advanced since
Land Act, 2567-72. Description of the "Land
Shark," and of his mode of operating, 2573. Security
of tenure with fair rents and free sale, the best
remedy, 2566-2574. Griffith's valuation, a fair
rent generally, 2575-7, 2592, 3, 2615-6. Price of
labour has increased in equal proportion with price
of produce, 2577-8, 2617. Extension of time of
repayment under the Bright clauses advisable,
2578. Instance of great improvements made on
perpetuity tenure, 2579. Tenants should get loans
for improvements if landlords unwilling to improve,
2579-82, 2644-5. Laws of primogeniture and
entail a main cause of distress, and of unwillingness
to improve, 2584. No change of law required
where landlords have made the improvements,
2593-2614. Takes £30 an acre to make good
fattening pasture, 2619-22. Free sale will cure
itself, 2623-6. Tenants generally would be satis-
fied with fixity of tenure at fair rents, with free
sale, 2628, 2653-4. Against expropriation of
landlords, 2629-30. Land not much over Griffith's
valuation, 2631. Pasture lands capable of great
improvements by draining, 2633. Rate of wages,
2577-8, 2634-8. Clause as to building labourers'
cottages should be made compulsory, 2640. Few
small tenants in Meath, scanty population, 2645-7.
Small western tenants might be planted in pasture
lands of Meath, 2647-8. Purchasers under Bright
clauses in Meath bought too dear ; advances in-
sufficient, 2651-2. Pvirchasers of Church lands not
satisfied with their purchase, 2653. Case of tenant
evicted at end of lease, without getting value of his
improvements, 2749-53.

Drew, Mr. James Richard, p.l.g., Drogheda; county
Meath, Tenant Farmer. — Dublin.
Tenant under Earl of Sheflield and Judge
Little, grazing and tillage farms, 2655-66. Case
of mill built by tenant, and land taken with it,,
outside Land Act, 2661-2675. Want of local
registry of title, 2673-7. Want of arbitration
tribunal in disputes aboiit rent, 2683, 2691-6.
Coiinty Court Judges not sufficiently practical in
cases of rent and land compensation, 2697. Tenants
have no confidence in Chairman, 2698. Prefers
purchase of land for tenants, giving landlords

DIGEST OF EVIDENCE.

XXV

Drew, James Richard — contmued.

consols in payment, 2699-2702, 2716. Not in
favour of fixity of tenure at fair rents, as he sees
no means of settling rents, 2703-5, 2708-2713.
Present rents not to be taken as a standard,
2706-7. Small tenant would get increased em-
ployment if peasant proprietorship general, 2713-5.
Farming losses last year, 2719. Tenants lose their
independence if they improve, 2724. Fear of rent
being raised on tenants' improvements, 2726-7.
"Rate of wages, 2728. Use of machinery in agri-
cultural work, 2736-9. Case of rent unduly raised,
no means of reduction, 2740-5.

Murphy, Mr. James, Dundalk ; Co. Louth, Tenant
Farmer. — Dublin.
Tenant farmer and corn dealer, 2754-60. Pur-
chase of tenant right on Lord Clermont's estate,
2761-2785. And on Sir C. Forster's, 2785-7.
Tenant right custom on Lord Clermont's and Sir C.
Forster's estates. 2767,2788. Insufficient compen-
sation under Land Act, 2789, 2794. Tenantry
want fixity of tenure, fair rents, and free sales,
2796-7, 2839. Rent to be settled by arbitrators,
2799, 2800. Would not permit subdivision or
subletting, 2802-3. Would not disturb tenant for
bad husbandry, 2804-5. Landlord should have no
veto on sale ; case of loss through veto to tenant
selling, 2806-9. Only in favour of peasant proprie-
torship when tenant is able to purchase, or to pay
portion, 2812-20. Rents not high, but great
poverty in Louth, 2821, 2839-43. All improve-
ments made by tenants ; but Lord Clermont gave
slates and timber, 2822-30. Lord Clermont tuilds
labourers' cottages, 2823-5. General valuation
made by Lord Clennont in 18.'i2, no account taken
of tenants' improvements, 2832. Exception in
witness's own case, 2832-8. Low price of oats and
bad produce of potatoes, 2844-8.

Dowling, Mr. Thomas, Terenure ; County Tipperary,
Land Owner and Land Agent. — Dublin.

Cases of sales out of court under Bright clauses,
2852, 2862. Residue of estate not under Bright
clauses, if landlord willing to sell the four-fifths to
tenants, 2859-62. Isolated sales to tenants not
advantageous to landlord orcountry, 2865. Assistance
to outsiders to purchase should be on condition to give
security of tenure to the tenants, 2868-71 ; e. g.
60 years' leases, 2872-3. County Court should
have controlling power over rent, 2874-8, 2965.
Fixed rents better than periodical valuations,
2879-80. Landlord should retain control over
husbandi-y of estate, 2881—2. Subdivision of ten-
ancies not of peasant properties below 20 Irish
acres improper, 2883-4. Griffith's valuation a
tolerably fair guide, in some cases excessive, 2885.
In favour of a new valuation of Ireland, 2885.
Case of difference between valuation and rent
caused by landlords' improvements, 2886-90. One
result of low valuation is small advance under
Rright clauses, 2888 ; but new valuation can now
be had, 2888. No general desire to become pro-
prietors where rents fair and landlord just, 2893.
Tenant purchasers are paying off their charges,
2893. Tenant purchasing should have liberty to
charge after Board of Works charge, 2898-9. It
cannot be prevented, cases in point, 2895, 2900.
Holdings of tenant purchasers substantially im-
proved, 2904-6. Three-fourths could be safely
advanced under Bright clauses, 2908. Owners pay^
for new valuation for Board of Works loan, 2912.
Leases to bar the Land Act increasing, 2914.
Tenants prefer to be without them, 2915. County
cess, and public road sections, have been a nullity,
2915-8. In favour of statutable form of lease,
2919-21. To be made compulsory, 2922-3. An
Act of Parliament regulating tenure of land would
have the same effect, 2924. Would prevent letting
for shorter term or otherwise than regulated by
Act of Parliament, 2928-9. Cost of conveyances
in case of loans by Board of Works, 2930-2. De-

fect of Board of Works' conveyance is that title
is not indefeasible, 2932-3. Covenants in leases
to pay rents quarterly, 2933-7. Seldom enforced
but power retained, 2938-9. Cases of evictions
from farms, where rents paid and farming proper,
2939-44. Erection of labourers' cottages .should
be compulsory, 2952-5. Union rating would pre-
vent housing of labourers far from work, 2956.
System of fining for non-punctual payirient of rent,
2956-7. Rents in Kerry higher iu proportion to
valuation than elsewhere in Munstei-, 2958. Cer-
tainty of payment of rent would compensate
landlord for 60 years' leases, 2959, 2961. Woiild
not increase rent for length of lease, 2962. Rents
should be fixed on average prices of produce for
previous five years, 2966. Tenant's improvements
made under covenant should be treated as land-
lord's improvements, 2967. Landlord woiald not
lose by, and should not be compensated for legal
security given to tenant, 2968-9. Except to a
limited extent in individual cases of loss, 2970.
Estate under 60 years' leases would not sell lower
than without, 2971-2. Covenants in statutory
lease, 2973-4.

O'CojmeZZ, Mr. John,LahernIIouse,Boherbuoy; county
Cork, Farmer. — Dublin.
Purchaser under Bright clauses, 2975-2983.
Cases of failure to purchase under Bright clauses,
whfere small labourers' houses on tenants farms,
2984-2993. Loss caused thereby, 3000-3006.
Cost of obtaining loan from Board of Works, 2994.
Form of lease barring the Land Act prevalent on
estate of Earl of Cork, 3007-13. All improve-
ments on that estate made by the tenants, 3009—
3016. Tenants very poor in many cases, 3016.
Their land is too highly rented, 3017-18. Rents
raised on change of tenancy on tenants' improve-
ments, 3023-4. High poor-rates, 3019-22, 3024-6.
Reiits high also on Mr. Longfield's and Mr. Down-
ing's estates, 3027-31. Rents raised on change of
tenancy on these estates, 3031. Thirty -one years'
leases general since Land Act, 3032-8. Sale on
Lord Cork's estate is subject to his approval, 3038.
Case, of tenant refused leave to sell, 3039. No evic-
tions on his estate, 3040-1. Improvements by
witness since his purchase of fee, 304,')-6. Few im-
provements by landlords, 3047. On Lord Egmont's
estate, no leases, but low rents, and rents raised on
change of tenancy ; no right of sale, 3048-51. Case
of threatened eviction prevented by dii-ect appeal to
landlord resident in England, 3054-8. Tenants
should have preemption on sale of estate, with ad-
vance of four-fifths of purchase money, at reasonable
rate, 3059-61. In favour of forced sale of estates
of absentees and corporations, 3059. Fixity of
tenure with fair rents, free sale, and facilities for
purchase by tenant, would settle Land Question,
3062. Sense of insecurity through rent being raised
on tenant's improvements. Case of contributions
forced on tenants for wedding present to sub-agent's
daughter, 3068-9.

Hill, Mr. Robert George, Brookfort, Lisbum ; county
Antrim, Tenant Farmer. — Dublin.
Tenant farmer on Sir Richard Wallace's estate,
3070-1. Tenant erected all buildings, and improved
soil, 3080-2, 3088. Buildings cost XI, 500 to
£2,000, 3102. Land Act has made tenants more
independent, and is in many respects satisfactory,
3084-5. Unsatisfactory in not preventing undue
rise of rent, 3086 ; or rent valued on tenants' im-
provements, 3088-9. System of fines on the Hert-
ford (Sir R. Wallace's) estate, 3092. Proceeding
necessary whereby over-rented tenants may obtain
reduction of rent, to suit altered circumstances,
3097-8. Tillage farming only paid witness one
year out of last six, 3098-3101. Flax crops ex-
haust land if grown oftener than once in 10 years
3105-3111. On Sir Richard Wallace's estate per-
fectly free sale not permitted of late years, 3114.
Price is left to arbitration if a neighbour wants the

XXVI

IRISH LAND ACT COMMISSION, 1880.

mil, Robert George — continued.

holding, formerly lie had to give the price oflTered
by the highest bidder, 3114-7. This alteration has
come in since the Land Act, 3120-1. Ulster cus-
tom implies free sale, fair rent, and continued
occupancy, 3122. DiiEculty as to settling fair rent,
3123. Arbitration not always satisfactory, 3125.
Different estimate of compensation by different
County Court Judges, 3126-3131. Ulster custom,
as legalized, offers no barrier to unjust rise of rent,
3132-3. Ulster tenant-right is being eaten away
by gradual rises of rent, 3134-7. Present rents too
high, 3140-2. Tenants give more than landis worth
because the land is their only resource, 3142-3.
Farmers want rent settled excluding tenants' im-
provements, 3144-6. Continuous occupancy at
fair rents, with free sale would satisfy tenants,
3147-53. Landlord should have reasonable veto
on incoming tenant, 3154-7. Dispute in Land
Court necessitates tenant leaving, 3158-9. No
limit to price of tenant-right on Sir R. Wallace's
estate, 3160. No general rise of rent on his estate,
3161. Rent about 21s. on English acre, 3163-4,
but not worth more than half, 3169-70. Labour
and taxes higher, produce less, the last ten years,
3167-8. Tenants ought to have free sale of tenant-
right, as of any other property of theirs, 3171-2.
On Sir R. Wallace's estate, all improvements made
by tenant, 3173. Witness's farm consolidated out
of four previous tenants' farms, whose tenant-right
was bought, 3174-8. Value of witness's incoming
payments and improvements would be £40 an acre,
3179-80. Tenant-right in his farm worth more
than fee simple, 3181-4. Tenant-right purchase a
heavy burden, but it is tenant's property and gives
him confidence, 4186-9. Tenant-right seldom
amounts to tenant's outlay, 3187-9. Tenant should
not sell landlord's improvements, 3191-2. Im-
provements always made by tenants, 3192. Tenant
considers he has interest in the land as long as he
pays the rent, 3193-7. On Sir R. Wallace's estate
tenants make improvements on farms, 3198-9.
Decline in value of tenant-right last two years,
3205-11. System of fining down rents on Hert-
ford estate, 3212-8. No raising of rent by Sir R.
Wallace, 3219-20. Landlord in Ulster can raise
rent, and if tenant resists, he must leave, taking
compensation, 3323-35. The compensation never
equal to value of tenant-right, 3236-8. Difficulty
of proving leasehold tenant-right and hardship of
its denial, 3238-3241 . Leases are for three lives or
thirty-one years, or three lives and thirty-one years,
3242. Where leases dropped tenants contiuued as
yearly tenants at fair rents, 3247-8. No purchases
of tenant-right by landlord, 3249-50. No general
desire to purchase the fee, 3252-5. Ulster custom
in its integrity would give perfect security, 3258-9.
Bright clauses not likely to be much availed of,
3260-1. Farming losses last six years, 3271-82.
A fully legalized tenant-right better than purchase
of fee, 3285. Objections to clauses preventing willing
to other than one child or grandchild, 3296-9. Little
planting done of late years, 3291-3. The fine was
not for length of lease, but to reduce rent, 3296-8.

Simpson, Mr. William, Armagh ; Co. Axmagh, Tenant
Farmer and small Land Proprietor. — Dublin.
Tenant-right custom on Lord Gosford's and on
Lord Charlemont's estates, 3307. On Lord Charle-
mont's rents raised on transfer of farms, 3307-13,
3390. Cases of rents raised unduly, 3314-9.
Tenants objected but submitted — did not want to
leave, 3320-4. Present fall in value of tenant-
right, 3325-7. Tenant-right is free sale and no
office rules, 3328. Rent should vary with prices,
and be settled by arbitration or Government
umpire, 3329-33, 3397-9. Tenants afraid rents
will be raised if they improve, 3334. General
value of tenant-right £15 to £23 an acre, 3336.
Higher on small farms, 3338. Cases of rents
raised since Land Act by Mr. M'Geough, and

reference to arbitration — lower rent fixed than-
demanded, 3340-7. Power of raising rents^
unduly destroys tenant-right, 3349-53. Casea-
on Lord Charlemont's estate of rents raised unduly
at time of sale on tenants' improvements, 3355-62
3389. Would prefer rents fixed once for all, 3363.'
Present rents are high, 3364-70, 3381-2. Tenants
would extensively avail themselves of Bright
clauses, 3373-80. Leases for thirty-one years on
Lord Gosford's estate, 3391-4. Tenant-right re-
cognized at end of lease, 3395. On sale of tenant-
right, good will and improvements are sold, 3540-2.
But landlord should be compensated for his im-
provements, 3543-7, 3555-6. And for prospective
increase in value of his propei-ty, 3550-1. Either
party should have right to call for valuation of rent,^
3552-4. The three P's would be satisfactory, 3557!^
Improvements generally made by tenants, 3558,
Landlord should have right to impose rent for his
improvements, 3559-61. Landlord should have
reasonable veto on incoming tenant, 3562-3. Case
of Mr. M'Geough : £5 limitation held not to be
custom, 3565. Increase of rent since, on change
of tenant, 3566. Depreciates value of tenant-right,
3567-8. Tenant should have right to sell at best
price, 3574-5, 3577, 3588-9. High prices of
tenant-right and of land in county Down^ 3576-
3598.

Knipe, Mr. Thomas, Killyleagh; Co. Armagh, Tenant
Farmer and Farmer Proprietor. — Dublin.
Tenants purchasing under Church Act are doing
well, and satisfied with their position and purchase,
3609-13. Have improved by building, 3614.
Landlords make few improvements, and for those .
they charge the tenant additional rent : case in poiot,
3617, 3620-1. The additional charge becomes a
perpetual addition to the rent, 3620. Large im-
provements made by witness on faith of tenant-right,
3623-4. Cases of tenants' improvements absorbed
by increase of rent, 3626-3630. Tenant-right on
Sir James Stronge's estate, no limit to price, 3631-3.
Case of rent raised on sale, and value of tenant-
right depreciated, 3635-6. Tenants would farm
better if they had security, 3638, 3641. Rents
generally raised on improving tenants, 3639-40.
Rent raising on change of tenancy has increased
since Land Act, 3642. Tenants anxious to pur-
chase their holdings if greater facilities offered,
3642-5. Cases of rent-raising on tenant-right
estate on change of landlord, 3646-53. The tenant-
right system, as legalized, does not prevent undue
rent-raisiug, 3654-6. Compensation awarded by
Court does not equal amount got by free sale, 3656.
On Lord Charlemont's estate rents raised on change-
of tenancy, 3657, and on fall of leases, 3658-9. This
creates feeling of unoertaiuty, and prevents im-
provements, 3660-2. Rents too high at present,
3662. Tenants formerly lived by weaving, 3663.
Forty or fifty acres a big enough farm, 3664.
Small farmers, when industrious, and can sell their
improvements, do well, 3665. Peasant proprietor-
ship would make the country more contented and
prosperous, 3666. Two-thirds of purchase money
advanced by Government would be suflicient,. ■
3667-8. Middlemen's rents and new purchasers'
generally highest, 3668-9. Lord Charlemont's
rents of unl eased land not lower than those of ad-
joining estates, 3670-1. Rents near the Govern-
ment valuation, which is high in County Armagh,
3672-4. Farming losses of last two years, 3676-8.
People live better than they used. Complain of
want of free sale and of rise of rents, 3679-80.
Not in favour of forced sales of landlords' estates,
3681-2. Land Act an advantage to tenants, but
has many defects, 3685-6.

Kelly, Edward Meares, Esq., Dublin; Co. Dublin,
Barristcr-at-Law. — Dublin.
Holds villa and five acres under Earl of Pem-
broke, 3687-90. Suggestions for improvement
of Land Act. Extension of tenant-right to all

DIGEST OF EVIDENCE.

xxvn

Kdly, Edward Meares — continued.

holdings, ui'ban and rural — i.e., fixity of tenure,
fair rents, and free sale, 3691. Fixity of temire
subject to punctual payment of rent, 3691. Fair
rents to be settled by arbitration, but not to include
tenant's improvements, except made under express
contract. , Qualifications of right of free sale, 3691.
Principles of compensation for improvements,
3691-2. Amendment of 4th section of Land Act
by extending it to town improvements ; and that
deduction for time of enjoyment should be repealed,
3691-2. "Predecessors in title" should include all
occupiers, unless new lease excludes right to com-
pensation for prior improvements. Holt v. Harhur-
ton criticized, 3692. 70th section of Land Act
defining " holdings" should be amended, so as
to include holdings where the land is not the prin-
cipal subject of the demise, 3692. County Cess sec-
tion should apply to all holdings, 3692-6, 3698.
Case of Alderman Campbell's villa, with forty acres
of land attached, held not within Land Act, 3696-9.
Case of Powerscourt v. Mitchell criticized, 3700.
Coxmty Cess section should apply to all new tenan-
cies, 3704-5. Witness's o-war case of large building
improvements on residence (urban), and which are
not protected by Land Act, 3706-9. Tenant pays
income-tax on landlord's portion of poor-rate,
3710-2.

Fenlon, Mr. Edward, Kilcullen, County Kildare,
Tenant Farmer. — Dublin.
Four cases of rents unduly raised on tenants'
improvements, unimproving tenants' rents are not
raised, 3715-24, 3760-2. New leases forced on
tenants, 3725-6. Tenants have no alternative but
to pay rent demanded, 372S, 3744-7. Case of rent
raised on witness's improvements, 3729-32, 3739 ;
and of lease, barring compensation for improve-
ments, 3732-3. If more security, tenants, would
manure better and improve more, 3743. In favour
of arbitration where landlord and tenant disagree as
to rent, 3748, 3755. Too high rents dishearten
tenant, 3750. Arbitrary directions to valuator as
to increase of rent, 3751. Power of ejectment
where rent paid and farming good, should be taken
away, 3753-4. Tenants make the improvements,
3755. Landlord should get higher rent for his
improvements, 3756-7. Want of security causes
dissatisfaction and prevents impi-ovements, 3759-60.
Case of purchase of fee failing, though price
offered higher than average of estate, 3763-4.
Arbitrary raising of rents on tenants' improvements,
3766-70. Tenants have very little confidence in
working of Land Courts, 3771. Tenants want
security against increase of rent at end of leases,
3772. Tenant seldom gets fai'i' conpensation for
improvements, 3773. High rents a loss to land-
lord in the long run ; case in point, 3774. Eight
of free sale would be rarely exercised, 3778. In-
solvent or deteriorating tenant should be compelled
to sell by decree of Land Tribunal, 3779. But not
a person of bad character, 3780. Tenants' building
improvements increase Griffith's valuation, 3783.

Jiirlcpatrick, Alexander, Esq., Coolmine House, Clon-
sUla ; Counties Tipperary, Kildare, Kings' and
. Queen's Counties, Land Agent. — Dublin.
During thirty-one years' experience has known of
only two so-called evictions, no bad feeling what-
ever ; one of them was done for the sake of the
family, and the good will of the farm was allowed
to be sold, 3790-3792. The sale of good-will has
crept in on Lord Portarlington's estate, who did not
think it existed ten years ago, 3793-97. Has
worked well, in one case got rid of a bad tenant and
got a good one, 3798. Thinks it prevents litiga-
tion, 3802-03, 3857. Tenants are aided in making
improvements with money borrowed from Board
of Works, the interest being added to their rent,
3804-6. A tenant should not therefore be charged

with his improvements, at end of lease, by raising
the rent, if he has paid interest for them during
lease, 3817-19. Ejectments may take place; not
brought by landlord at all, 3828-30. The Sherifi;"
can sell a leaBefor years^ or a tenancy from year to
year, 3831-33. Ejectments seldom come to evic-
tions, 3834, 3858-60. Ejectment being the preli-
minary proceeding ; eviction the taking possession,
3834. Is in favour of leases ; makes tenant more
secure, 3843-45. Case in point, 3847. A good
landlord, 3849. If a tenant cannot pay his rent,
allows him to sell ; incoming tenant paying the
arrears of rent and giving balance to the outgoing
tenant, 3864-66, 3875. Tenants have; made great im-
provements, owing to the feeling of security the rule
of the estate gives them, 3883-84. Is in favour of
giving perfect security to tenants, with right of
sale, 3890-93, and having a new valuation by
Government, 3898-3901.

O'Brien, Edward William, Esq., Cahermoyle ; County
Limerick, Landowner. — Dublin.
Tenants should be independent of the laiidlord to
a great extent ; should be practically or virtually
the owners of their farms, 3913-14, 4086-88. Is
in favour of the three F's., 3918, 4001. The pre-
sent system unsatisfactory, 3920. Practically a
landlord cannot make improvements — a tenant will
not, from want of security, 3924. Free sale would
improve the country, 3930-35. Imjirovements as a
rule made by landlord, minor ones done by tenant,
3937. Is in favour of the Bright clauses of the
Land Act, 3938. Ulster Custom gives great
security to a tenant to lay out his money in improv-
ing, 3938. The sooner peasant proprietary is intro-
duced the better for the country, 3943. Would
force landlord to sell, if it could be shown his in-
terest was not injured by it, 3945-3959. A tenant,
obtaining money under the Bright clauses to be
allowed to mortgage, but not subdivide, 3962-3..
A cheap and simple system of registration of title
wanted, 3966. Would guard against fictitious sales;,
case under the Church Act, 3976-78. About
10 per cent, of the tenantry in a fairly average
county could buy under the Bright clauses, 3981—
83, 3897. Tenants, with certain exceptions, should
be able to claim a lease for ever, or shorter term
from the landlord, on payment of a certain sum
subdivision being prohibited, with power to redeem
rent by payment of £100 for every £4 of xent he-
bought up, thus giving the landlord 4 per cent.,
3993-4. A custom of this kind prevails in part of
Ireland, 3995-96. Ascertaining a fair rent, the great
difficulty, 4003. Undesirable for a third party to step
in between landlord and tenant, except as a last re-
source, 4009. A fair rent is one agreed upon by two.
parties independent of one another, 4009. Irish ten-
ants not independent, 4010-12. The rio-ht of sale
generally recognised in the country, with a few excep-
tions and restrictions, 4015-17. Kight of sale advan-
tageous to the landlord, 4018. The hanging gale a .
bad system, but not easily obviated, 4023-26. There,
should be no distinction between North and South
but one law or custom for all Ireland, 4033-4. In
favour of a court of some kind, presided over by a
lawyer with practical experience of the countrv
4037-38, 4092-4141. Ulster tenant-right might be
introduced, 4044-99. Arbitration perhaps the
most practicable plan, if other means fail, 4048-50
Compensation scale inadequate, should be left to a
strong court, 4052. Tenants should be allowed to
borrow from Board of Works, but is of opinion that
neither landlord or tenant should be allowed to
obstruct improvements, 4060-66. State emigration
dangerous, 4078. If left to nktural causes ml^lit be
beneficial, 4085. The Ulster Custom should be ex ■
tended to the whole of Ireland, but not eaten away
by office rules or unfair increases of rent 4099
4104. Any tribunal should be slow to increase or

lower rents paid for a number of years, 4115-19

IRISH LAND ACT COiimSSION, 1880.

O'Brien, Edward William- continued.

The powers of limited owners should be increased —
they could then give leases for ever with a fine,
4125-29. "Would advocate State advances in certain
cases, indiscriminate loans might, be dangerous
4131-33. A commission necessary to carry out
sales under "Bright Clauses, 4141-48. Knows of no
evictions other than for non-payment of rent, 41-57-
59. If Ulster Custom was extended to estates
hitherto without it, would give landlord compensa-
tion, 4170-75.

Hamill, Arthur, Esq., Q.C., County Court Judge for
the Counties of Roscommon and Sligo ; Dublin.
Had a great number of land cases while Chair-
man of the "West Riding of Cork, only one appeal
against his decision, that turned on a point of law, and
was reversed, 4191. Heard 190 cases in Roscommon
in seven years, 4192. Case in court, as to improve-
ments, showing that to make Land Act as useful as it
could be, some changes must be made, such as the
principle of Ulster tenant-right, 4194, or enlarge-
ment of disturbance clause, 4197. In Roscommon
had a number of cases, through landlords trying to
raise the rent, which in many cases he was able to
settle, by getting landlord to grant leases, bog being
attached to each farm at 7s. Qd. per aci-e ; leases
had maps upon them, and were drawii up at a very
moderate cost, as a common form .was settled for
them all. Has heard no complaints, 4204-08.
Has awarded the maximum scale for disturbance in
six or seven cases, 4214. Suggests a new scale of
compensation for disturbance, 4216. Case where
landlord turned out a tenant, thinking he could get
more than the compensation from the incoming
tenant, 4218. Had no difficulty as to the meaning
of " predecessor in title," 4220-21. Had no claim
made by tenant for reduction of rents, had actions
by landlords for an increase, 4223-24. Land Act
discouraged evictions, through compensation for im-
provements ■ and disturbance, 4225-7. A case on
Colonel King-Harman's estate of a claim under Land
Act, 4236. Gives a list of ejectments for overholding
and on title, in County Roscommon, 4238. A tenant
should not be turned out till he is paid for his own
improvements, 4240-1. Execution should be sus-
pended until appeal has been heard, 4243. Does
not issue execution till the crops are saved, 4244-
45, 4285. Suggests that in tenancies from year to
year, extreme execution should not be put in, till
two years are due : had many ejectments for one
year's rent, 4251. Deasy's or Gardwell's Act facili-
tates ejectments, 4253-4254. Even with Ulster
custom there should be some means of ascertaining
the rent, so that the custonr may not be eaten
away by rent-raising, 4260-61. Would extend an
amended Ulster tenant-right to all Ireland, 4263.
Tenants as a rule make improvements, 4266.
Landlords should be allowed for improvements
in the rent, 4267. Large landlords most liberal —
cases of liberality on Lord Bandon's and Lord
Bantry's estates, 4269. Would give a tenant the
value of his improvements even if he owed two
years rent ; minus the arrears, or a proper deduc-
tion, 4276-77. Legal expenses deter tenants from
fighting a rise of rent, 4289. Suggests a settled form
■of lease, 4289. If a tenant owes two years' rent, he
should not be entitled to any thing for the good-
will of the place, as he shows he does not value it, by
neglecting to pay his rent, 4298. Ulster right of sale
good for landlords, 4300.

Butler, Mr, Patrick F., Mullinavat; Counties Water-
ford and Kilkenny ; shopkeeper, formerly
agricultural labourer. — Dublin.
Statements in reference to the condition of farm
labourers, their dwellings, which are unsuitable for
human habitation, 4302-4310, 4354. They arerented
too high and have no gardens or haggarts, paying fi-om
£3 to £5 peryear, 4311-12. Wages from 5s. to 6s.

a week in Waterford and Kilkenny, not including
their houses, 4315-18. But are fed in addition to
theirwages, 4320. During harvest they get 2s. 6d to
3s. a day for eight or ten day, 4326. Employment
being very scarce, they are discontented, 4329. If
better housed and educated, would be better disposed,

4331. Suggests giving them gardens for potatoes,

4332. And employing them in reclaiming waste
lands, and drainage in the dull seasons, 4333-35.
Wov:ld use the Church suiplus to build them, houses
and gardens, to be paid back by a yearly rent :
the labourers would give up their claim to Poor-
rate relief if this were done, 4336-39. Farmers
manage by having servant boys in the house and
employ few labourers, 4351-52.

Battershy, Mr. Robert H., Lakefield, Crossakeel ;
County Meath, Farmer. — Dublin.
Holds largely under Lord Darnley, under lease
for twenty-one years, from 1854, 4366-69. Made
great improvements, was offered fee of farm for
.£5,000, 4372-76. At end of lease was told he would
be accepted as tenant, if he paid £35 a year increase,
and signed an agreement terminable on six months'
notice, 4377. Gives clauses in agreement, 4378-
80. Refused to sign agreement, was evicted,
4381. The case in court, 4342. Obtained £525,
which did not nearly compensate him, as he
had to pay costs, 4384-8G. Also holds from Mr.
Napper 131 acres, rent raised from £92 16s. id. to
£201), owing to his imjirovements ; has it for his
life, 4388-98. A lai-ge number of valuable trees,
planted by his father, valued by agent, who put lus
own value on them, 4393-95. Opinion of Judge
Fitzgerald on tliis suVjject, 4395. Gives another
case, of high rent, under a different landlord, 4398-
4401. Complains of a perpetuity lease, 4402-4405.

M'Elroy, Mr. Samuel C, Ballymoney ; Counties
Antrim and Down, Newspaper Proprietor and
A uctioneer. — Belfast.
Secretary of Antrim Tenant-right Association and
Route Tenants' Defence Association, 4405-7. Bel-
fast resolutions at Tenant-right Conference in Bally-
money, in 1870, 4411-3. Resolution of Route
Tenants' Defence Association, 28th February, 1870,
defining Ulster Tenant-right, 4413-6. Definition
of Ulster Tenant-right adopted by Belfast National
Land Conference, in 1874, 4419-24. A Statutory
right to hold at fair rent, with free sale, subject to
reasonable veto on incoming tenant, and not to be
disturbed while rent paid and land tilled in hus-
bandlike manner, would give general satisfaction,
4425-7. If tenants were owners, no need for
clauses against siibdivision, 4427. Removal of ob-
structions on free sale of land would remove most of
the evils of land occupation in Ireland, 4429. By
abolition of entail, primogeniture, and settlements,
4429-31. Resolutions of Dublin Land Conference,
1875, adopting jtrevious Dubliir and Belfast Con-
ference resolutions, 4432. Resolutions of Dublin
Land Conference, 1873 — (a.) Failure of Land Act
in giving sense of security, (6.) Every Irish tenant
should have benefit of Ulster Custom. Definition
of Ulster Custom. Right to continue in occupation
at fair rent, fixed at intervals not less than thirty-
ono years, and excluding tenant's interests and im-
provements. This right the ancient historic
tenant-right of Ulster, 4432. The Ulster Custom
gives security, which is the basis of the prosperity
of the province, 4433-8. Resolutions at public
meeting in Ballymoney, 23rd January, 1880, in
favour of conferring on all tenants firm tenure, pro-
tection against frequent and unjust claims for in-
crease of rent, and free siile — these being the incidents
of the genuine tenant-right custom, 4442. Peasant
proprietorship would elevate the social condition of
farmers, and be of unspeakable advantage to country
and State. Restrictions on working of Bright
clauses should be removed, and landlords be en-
abled to give perpetuity leases at fair rents, 4442.

DIGEST OF EVIDENCE.

XXIX

M'Ulwij, Samael C. — continued.

List of sales of tenant-right in Ballymoney district
from 1865 to 1880, giving acreage, rate of purchase,
and tenure, 4443-6. Where tenant-right exists,
tenants are prosperous, rents well secured, and fee-
simple sells better, 4454-5. Small lots sell best,
4456-60. Fee-simple and tenant-right interest are
never sold together, 4461. Case of purchase and
subsequent sale by landlord of tenant-right, 4462.
Free sale of land would raise its piice very much,
446 1. Tenant-right exists at end of leases, and is
recognised by landloi-ds as well as tenants, 4465-6.
Landlords in Ballymoney district, 4467. All the
Antrim landlords recognize the Ulster Tenant Cus-
tom, 4468. Case of sale of tenant-right immediately
after expiration of lease, 4469-77. When lease ex-
pires tenant has right to hold on at a fair rent as
the continuous occupant, 4493-5, Rents have not
been lower during last ten years. Value of tenant-
right has increased last fifteen years, 4480-2. Sales of
tenant-right in 1880 difficult to effect, 4482. Men
are not disposed to sell, as there is no proper com-
petition at present, 4483. None of those in list were
FL Fa. sales, 4484. Since Land Act land has produced
more, 4487, and tenants feel more secure, 4488.
Land Act has done more for Ulster than for rest
of Ireland, 4489. Ulster tenants have lost more
by increased rents than they have gained by com-
pensation given in the Land Courts, 4489-91. Bad
crops in 1868, 4492. Custom is, that the tenant
has, at end of lease, the same tenant-right that his
neighbour has, 4493. Judge Barry's decision in
M'Keown v. Beauckro'didi more injury than any
other as to leasehold tenant-right, 4494-5. Price
of tenant-right is affected by various local circum-
stances, 4496—7. If in a tenant-right district,
leasehold tenant-right should be presumed, 4497—9.
Continuous occupancy, with fi-ee sale and fair
rent, would meet all difficulties, 4500. First
brunt of a bad year is, in tenant-right district,
borne by tenant, 4501. Very often, before the fee-
simple cordd be touched, the whole tenant-right
mipht be lost, 4502. More sales of tenant-right in
good than in bad year, 4504. In bad years they
hold on, 4505. Getting time from creditors,
4506-7. And from landlord, 4508. A landlord
who gives right of sale is clear from all claim, 4509.
A term near its end sells as well as a long term —
as the transaction is based on the custom, 4510-1.
Usual to increase rent at end of lease, 4512.
Tenant does not object to fair increase, 4513.
Tenant being partner with his landlord should have
a voice in settling the rent, 4513. Extra rent may
eat up the tenant-right. Two cases of landlords ad-
vancing for improvements, and charging tenants
percentage therefor, 451 4-45 2 1 . Bad f eeliag created
by raising of rent on change of tenancies on
Downshire and other estates, 4522. Rent should
be settled by arbitration with right of appeal to
Land Court, 4523-8. Compulsory arbitration with
umpire appointed by arbitrators, or if they could
not agree to umpire, a Govei-nment arbitrator,
4529-4537. Objection that where land set low,
tenant sells the landlord's property, would be met by
the scheme of arbitrated rent, 4538-40. Case of
M'Peahe v. Stewart in County Antrim Land Court.
Tenant sold by auction, and landlord refused to accept
purchaser at £540, 4541. Claim against landlord
for £540 dismissed because sale by auction not
customary, and because no notice to quit served,
and claim excessive _ in amount (Chairman thought
£252 enough), 4542-5. Right of free sale should
be capable of enforcement in court, 4545. Case
of Robert Crawford. Attempted sale of lease of
99 acres at £70 rent, under Mr. Alexander
Montgomery for £712, to Mr. Dinsmore, highly
respectable and solvent. Agent refused to accept
him as tenant on ground of alleged understanding
Crawford was to expend, but did not, £100 on
building improvements, 4549. Price not excessive,

4548, 4545. Subsequently sold in 1879 for £400,
4545. Landlord should have reasonable veto on
purchaser, 4546. The reasonableness of the veto to
be inquired into by Land Judge, .4547. Landlord
taking up farm should give market value, 4547-50.
No redress under liand Act where landlord does
not disturb, 4551. The Ballywillan cases (Mr.
W. G. Lawi-ence, landlord) of increased rent.
Rents raised excessively at end of lease. Tenants
submitted because the decision on leasehold point
would be against them, 4551. Present rents are rack-
rents, 4552-5. And notliing could be got for tenants'
interests, 4556. Case of Mr. John Adams (W.
G. Lawrence, landlord), 4559-4564. Case oi Field v.
Allen. Inadequate compensation given by Chair-
man. Loss of £500 by decision, 4565. Case of
lease offered by agent of Macartney estate forfeiting
the entire tenant-right interest, 4569. Purchasers
give more outside the office than estate i-ules permit,
4572. Case of agreement required by Lord Robert
Montague from purchaser of tenant-right, that at
end of lease he would make no claim for money
paid under existing or future Land Act — though
tenant-right in form of private sale exists on
estate, 4573. All tenants, large and small, should
be prohibited contracting themselves out of Land Act,
4577. The Ulster custom being beneficial to land-
lord, tenant, and country, should be preserved
against encroachments of landlord. The public
have an interest in its preservation, 4578. List
of tenants' rents raised in 1876, giving old and new
rent and Government valuation, 4581. Case of
rent raised five times since 1865 and now double
what it was then, 4581. Government valuation of
heavy clay soils too high even for a letting rent ;
but fair on light loamy soils, or light warm lands
generally, 4582-3. Heavy clayey soils are a drug
in the market, 4584-5. In wet seasons produce
little, 4586-90. Government valuation of land in
Ulster higher than in South or West, 4591. Case
of enormous rent destroying the tenant-right,
4597-9. Case of limitation of price of the tenant-
right which a tenant could have got from an un-
objectionable tenant, 4600-2. Where tenant-right
sells highest, estates ai'e best conditioned and
farmers most prosperous, 4603. Ulster tenants
not disposed to give fancy price for tenant-righo,

4604. A man may have to borrow part of the
purchase money and yet be a solvent purchaser,

4605. Inquiry into circumstances of tenant un-
necessary. An insolvent tenant would soon have
to sell, and another would get it, 4606, 4611.
Landlord's objection to incoming tenant should be
confined to character, 4609-12. Landlords should
not have right to evict for dilapidation or deteriora-
tion, 4613-6. Deterioration could hardly ever
affect the landlord's security, if the rent were fair ;
and it would be better to let it occur in an isolated
case or two, than establish an inquisitorial investi-
gation into the position and circumstances of indi-
viduals, 4617. Would permit eviction for non-
payment of rent, 4618. Would give landlord a
reasonable veto as to solvency and character, 4619-
21. Case of rent raised from £23 10s. to £35
on sale of tenanl^right — involving loss to seller,
4622. Increase of rents at time of transfer, in-
fringements of the Custom. They prevent sale.
Revisions of rent should be made periodically,
4622-5. Two estates on which since 1872, tennnts
not allowed to sell for more than ten years' pur-
chase, 4626. Farms worth fifteen yeai-s' purchLis?,,
4627. Case of farm offered by public auction, on-
Lord Bangor's estate, the agent offering to recnm-
mend for acceptance as tenant, any solvent and
respectable person who might become purchaser, at
rateof £5 per acre, 4629-30. Land Act has
abolished Ulster custom on townparks, 4631-2.
Cases of true agricultural holdings denominated
townparks in the tenement valuation, 4632. The
Act, excepting townparks from section 1, the land-

e 2

XXX

IRISH LAND ACT COMMISSION, 1880.

M'Elroy, Samuel C. — contimiecL

lords abolished the Ulster cvistom upon such
holdings, 4633. Custom in case of Ballymoney
townparks up_to 1865, to sell, subject, to usual
custom of estate. No sale permitted since 1870,
4634. Por revival of Ulster custom upon all
townparks, whether held by occupiers or farmers,
4635-6. Ulstei' custom formerly existed in certain
towns and villages, 4637. In favour of village
tenant-right, 4638-9. Would apply Ulster custom
to pasture lands, excepted by section 15, even held
by big graziers, 4640-1. Graziers in many cases
not allowed to till, 4644. Objections to expropri-
ation of landlords, 4645; It would be a^ national
calamity, 4647. In case of eviction tenant should
get a penal sum of one-third in addition to full
market value, 4648-9. Removal of obstructions to
free sale of estates, would lead to a considerable
proportion of the land being owned, before a
century, by the occupiers, 4650-3. Paper of Dr.
IiI'Knight, on tenant-right custom of Ulster,
adopted by witness, 4654. Origin of the custom
in the "orders and conditions of the Plantation of
Ulster." The Plantation had regard not to the
King's or the Undertaker's private jjrofit, but the
public peace and welfare, and the advancement of
the public service. Three classes of Undertakers —
1. English and Scottish. 2. Servitors in Ireland.
3. Irish to be made freeholders. Different head-
rents paid by these three classes. Crown rents
only charged on land fit for agricultural occupancy,
bogs, barren lands and forests being free fi'om
Crown charge. All improvements in successive
ages made by tenants. So that ests^tes enlarged
tenfold. Instance, the great Wood of Glenconkein,
co-anty Derry, all now reclaimed. For rebuilding
Deny city, Crown granted £50,000 worth of oak
timber from Glenconkein. Crown Commissioners
to inquire into plantation. Tenancies at will pro-
hibited. Confiscation by Charles I., of estates of
London companies in county Derry. Plantation
rents should not exceed one-half of a rack-rent.
Bog rents a modern usurpation. The original
Undertakers bound to let one-third in perpetuity,
and remainder for years, life in tail, or fee-simple.
The original Ulster custom. " Hearts of Steel "
insurrection caused by attempt to destroy the
custom. Case in 1830, tried at county Armagh,
when custom held not binding in law. Attempt
to restrict and finally abolish the custom. The
Tommy Downshire Boys. Shai-man Crawford's
first Bill, 1835. Crawford and Shiels' Bill, 1836.
The Devonshire Commissioners' report, hostile to
tenant-right, led to the estate rules. Ulster custom
implies jjroprietary right or interest in tenant with
right to sell to highest honafide purchaser, implying
the right of continued occupancy and negativing
arbitrary eviction. Estate rules are not usages
within meaning of Land Act. Any interference
with the custom should be matter for direct aj^pli-
cation to the Land Court by either party. Dis-
traint should be abolished, 4654.

Morton, Mr. James, Belfast ; Counties Antrim and
Wicklow, Solicitor. — Belfast.
Definition of Ulster tenant-right custom, 4659.
Its origin the Plantation of Ulster, 4659. Its
working at present very unsatisfactory, as there is
no means of settling fair rent, 4660. Rent should
be found by valuing the land, less the value of the
tenant's permanent improvements, 4661. The
rent at Avhich the tenant took it, or at which it was
held when fee was last purchased, should be de-
clared perpetual, 4662-5. Or subject to altei,'-
ations at stated periods, 4666, to be settled by
arbitration, and failing that by County Court Judge,
on skilled evidence, 4667. The equity of the Ulster
custom exists in other parts of Ireland — other
parts have been planted, and other planters have
improved. Many such cases in Wicklow and

Carlow, 4668. Should be extended to all Ireland,
4669. In poor small holdings little would be done ;
but in time the weaker would be purchased out by
the stronger, 4671-2. Defect of Act was not
putting all landlords on same footing, fixity of
tenure, 4673-5. Greater improvements made by
tenants in Leinster, where no custom, and on
tenancies from year to year, or on short leases,
4675-7. Case of improving tenant evicted, but
his family retained in occupation, and himself
receiving annuity, 4678-4683, 4696-8. Tenant is
entitled to added value, caused by his improve-
ments, 4684-4695. Leases must be long ones, to be of
any advantage, 4699-4700. Rent raising in Ulster,
4701-2. Compulsory power of purchase for hold-
ings over £50 a year, 4703-5. Against purchasing
out landlords of Ireland at one swoop, 4707. Only
where tenant possessed one-third of the money,
4708-9. Facilities for borrowing remainder, 4710.
Costs of title too high, 4711. Price should recoup
landlords, 4712. Power of piurchase largely taken
advantage of in Ulster and Leinster, 4713.
Further powers to County Court Judge, 4714.
Suggestions on law expenses, 4716-19. Arterial
drainage should be tmdertaken by State, 4720.
Howi^aidfor, 4721. Points in Land Act requiring
amendment, 4725-28. Case of hardship, tenant
evicted at end of lease without compensation for
tenant-right or improvements, 4729. Would com-
pensate for improvements, no matter when made, if
unexhausted, 4731. Ulster custom keeps down rent,
4733-6. Case of rent raising 130 per cent.,
4737-8. Statement in relation to the settlement of
the barony of Shillelagh, 4741-7. Fixity of tenure
the only remedy, case in point, 4748.

Ferguson, Mr. James, Silversprings ; County Antrim,,
Tenant Farmer. — Belfast.
Member of several associations, 4749. Case of
loss of tenant-right at end of lease, 4750 ; and in-
crease of rent on own improvements, 4750—4. Old
lease thirty-one years ; on its expiration forced into
taking new one at increased rent, debarring all
claim under Land Act, 4760-1 ; 4768-9. Yearly
tenants in better condition, no increase of rent,
4764-5. Paid large sum for lease (with con-
sent of agent) in expectation of tenant-right at
termination of lease, 4771-3, 'So claim except in
case of eviction, 477S-9. Another instance
of rent r-aised on tenants' improvements,
4781-90. Case where reasonable increase might
take place, 4796-4802. Rent raising a common
practice. Lord Cairns' lease, 4807-9. The law in
fault not the landlords, 4810. Fixity of tenure at
fair rents, no disturbance save for non-payment,
landlord to have right of pre-emption, 4812-15. No
security for improvements, 4816-17. Case of,
4819-22, 4831. Compulsory leases ^\T.th fine,
4823-6. Case of refusal and notice to quit, 4827-30.
To contract out of Land Act should be illegal,
4834. Case of purchase on Lord Cairns' estate by
the tenantry without taking advantage of Bright
clauses, 4841-5. List of prices paid, 4845. Diffi-
culty of getting money from Board of Works,
4847-50. Great desire in North to purchase,
4858. One-third too large a proportion of pur-
chase-money for tenant to pay, 4859. Afraid to
improve from fear of increase of rent, 4859-60.
Condition of purchasers from Lord Cairns, 4861-3.
Tenant purchasers from Mr. Agnew ; their circum-
stances since, 4863-6. Prevention of subletting and
subdivision by Board of Works unreasonable,
4869-71. Would not force landlords to sell, 4875-7.
Towards end of lease farms are letrun down from feel-
ing of insecurity, 4878-9. In favour of arbitration,
4880-2. On Lord Donegall's estate, rents iacreas-
ing, tenants improvements valued, 4882-3. Drainage
by Lord Templeton under Board of Works, tenant
paying interest, 4884. Ofiice rules more numerous
since Land Act, 4885-7. Rent raising previous to

DIGEST' OF EVIDENCE.

XXXI

Ferguson, James. — oontinued.

sale, 4888-9. Against limiting tenant-right,
4890-7. In oases of purchase, disapproves of small
holdings and subdivision; case on Mr. Owens'
estate, 4906-11. Labourers' wages, 4912-13.
Would give reasonable veto to landlord, 4914-16.

Boyd, Mr. W. Sinclair, Belfast ; Co. Down, merchant
and underwriter. — Belfait.
The working of Land Act, 4919. In the case of
the lands of Bloomfield in County Down, 4921-31.
Land Act a great benefit, 4931-6. In favour of
extending Bright clauses, but fears subdivision,
4936-9. Bright clauses should be madfi applicable
to town properties, 4940-3. Would extend powers
of tenants for life, 4944. Against forcing landlords
to sell, 4945. If estate in market, would assist
tenants to purchase, 4946-7. System of loans
under Bright clauses, spoilt by Board of Works'
rules, 4948-52. In case of State loans, a check
on subdivision necessary, 4953-9.

Shilling ton, Mr. Thomas, junior, A.ltavilla, Portadown;

county Armagh, Linen Manufacturer.. —

Belfast.
Relations between landlord and tenant unsatisfac-
tory, 4963. The origia of Ulster Custom, 4964-65 ;
Want of security under Land Act, 4966—7. Modes
of ascertaining value of tenant-right, 4968-71. Ya-
riations in rent according to price of produce, 4972-3,
5047-8. Instances of variety in rents for same dis-
cription of land, 4974-5. Improvements by land-
lord might be taken as basis of an additional rent,
4978-9. Instance of uncertainty under which tenants
hold, 4971-3. Caseof exorbitant rent, 4984. Bene-
ficial effect of Land Act, 4986, has not checked
unfair advance of rent, 4987. Caseinpoinf,4988-91.
Average rents in Armagh, land insufficiently cul-
tivated from want of security and money, 4992-4.
Now valuation at fixed periods, 4995. Tenement
valuation no criterion of letting value, 4997. Sales
■under Church Act, 4998. Suggestions for a new
legislation, 4999, 5004 ; and for new system of tene-
ment valuation, 5005-6. Registration to be done
in Court, 5007. All exceptional powers for recovery
of rent should be abolished, 5008-15. Would abolish
law of distress, 5017-19. Landlord to have right of
veto, 5026-7. Would like Land Court amended,
5030-1. Land Act does not give sufficient security,
5034-7. Rent to be decided by arbitrators, with new
valuation as basis, 5038-40. With right of appeal
to some tribunal, 5041-3. Latent power of land
should be taken in account on behalf of landlord,
5044-6. Rent raising on tenant's improvements,
5049-56. Tendency to raise rents since Land Act,
tenant-right in consequence depressed, 5064-9,
5074, 5114. Tenant-right can be totally destroyed
by increases of rent, 5075-83. Compulsory for
London Corporations to sell, but not ordinary pro-
prietors, 5089. Law of entail injurious, 5090-1.
Not in favour of a wholesale proprietary, would assist
in some cases, 5092-5. Landlords in the north do not
make improvements, 5096. Case showing rent should
be lowered, 5102-3. Few sales in Landed Estates
Court, 5 1 04-5. All vested interests should be com-
pensated for in case rents lowered,5108-ll. Inmost
cases, with Government advancing three-fourths,
tenants would be able to purchase, 5128-30.
Considers it a fair thing to say to landlords — -"You
must give perpetuity, or sell to your tenants,"5131-2.
Artificial manure seldom used, land deteriorating,
5138-9. Instances of compulsory cultivation of
land reclaimed by lowering of Lough Neagh,
6147-9. No tenant-right on holdings obtained
without payment, 5151-2. Practically there
is a good-will in every tenancy from year to year,
5153-5.' Tenant-right once purchased by landlord
should, remain his, and all his improvements, pur-
chased or made, should be ground of additional

rent, 5162-5. Office rules on Duke of Manchester's
estate, 5166-76. Considers landlord's interest the
letting value, minus what belongs to the tenant,
5184-9. Probable origin of tenant-right, 5190-9.'
Evidence concerning labourers, their wages and
houses ; no gardens as a rule, 5397-99. Not very
dependent on the farmers, as they hold no land,
5401. Difficulty somethnes in case of death,
5401-2. Condition of farm labourers deserving of
great attention, 5407. Hand loom weaving as an
industry dying out; wages very low, 5408-10.

Sobh, Mr. Hamilton, EJenderry, Portadown ; county
Armagh, Linen Manufacturer. — Belfast.
Landlord's power of veto, 5200. Right of pre-
emption only at highest value, 5201-6. A tenant
should not be evicted as long as he pays his rent,
5208-11. If a landlord wishes to take land into
his own hands, something should be added for com-
pulsory purchase, 5214-17. Tenants not free agents,
5220-1. .

Buddell, Mr. Nelson, Aughacommon, Lurgan ; county
Armagh, Tenant Farmer. — Belfast.
Concurs generally with Mr. ShUlington, 5223.
Circumstances attending purchase from Church
Commissioners, 5223-33. . The interest of proprie-
tor^ to improve, 5235. Ulster Custom still continues
on Church lands bought by other than tenants,
5238-9. Gave twenty-two and a half years' purchase
at 28s. per acre, 5251-6. Rent raised at end of leases,
5265. Tenant generally makes improvements,
5266-7. Instance of improvement stopped from
feeling of insecurity, 5275-81. Tenant-right on
Church property sells from £12 to £17 per English
acre, 5282.

Bobinson, Mr. John, Druminally, Portadown ; Co.
Armagh, Tenant Parmer. — Belfast.
Hard case where, on dropping of lease, tenant
ejected without any com2)ensation ; great improve-
ments made ; large increSise of rent askedj 5287.
The lease for thirty-one years, or three lives, fell in
in 1868, 5288-9. Refused to pay increased rent ;
was evicted ; no compensation for improvements ;
paid rent for one year tinder Emblements Act,
5292-5301. No tenant-right on estate; grand-
father and father made all improvements ; landlord
did not even allow for drainage, 5308-9. Increase
of rent on Lord Lurgan's estate at change
of tenancy or death, 5321-3. Case where tenant
got leave to sell, and not finding a purchaser had to
pay increased rent or go, 5324-6. Another case in
point, 5327-30. Custom at expiration of lease to
make tenant pay £2 per acre for shore land, re-
claimed from Lough Neagh, 5335-7. Tenant-right
eaten away by rent raising ; cases on Lord Ran-
furly's estate, 5338-43, 5344-5. No security for
improvements ; only want fair rent, free sale, and
fixity of tenure, 5346-51. Many would borrow,
and buy under amended Bright clauses, 5352-4.
Legal security the only remedy, 5357.

Walker, Mr. John, Seagoe Villa, Portadown; Co.
Armagh, Tenant Farmer. — Belfast.
A purchaser under Church Temporalities, 5359-
60. Was charged twenty-two years' purchase on
Lough Neagh drainage rate, instead of eight
years; had no remedy, 5361-8. A great benefit
if security were given, 5374-6. Quite agrees with
Mr. Shillington's evidence and jwoposals, 5378-80.
Rent always raised at change of tenancy, 5381-4.
Which reduces tenant-right, 5386-7. Free sale
would improve the country, 5388-92. No sales
during last year, 5396.

Wrench, Frederick, Esq., Brookborough ; County'Fer-
managh, Land Agent—Belfast.
Agent to Sir Victor Brooke, Lords Rathdonnel
and Lanesborough, Sir Thomas B. Lennard, anl

XXXll

IRISH LAND AOT COMMISSION, 1880.

Wrench, Frederick — continued.
others; collects about £40,000 a year, 5415-17.
Has experience of management of estates ia Cavan,

. Westmeath, and Cork, 5418-19. Tenant-right
prevails on all the properties he is agent over,
5420-6. Custom on Sir Victor Brooke's estate ;
valuators chosen by outgoing and incoming tenant ;
landlord apporuts umpire accejjtable to both, 5427-
29. Form signed, called Change of Tenant ; accepted
tenant often pays largely for outgoing tenant's im-
provements, which are valued; case in point,
5430-6. No general increase of rent at fall of a
lease or change of tenancy; if rent is very low
sometimes inci-eased, but never on tenants' im-
provements, 5437-9. This system is called custom
of arbitration, and is most satisfactory ; no disputes
or complaints, 5440-2. On Sir Thomas B. Len-
nard's estate the custom is, permission to sell by
private contract to solvent tenant, approved of by
landlord ; price not restricted, 5444-6, 5454. In
case of dispute is often asked to settle between
them ; for all practical purposes the tenants hold at
fair rents, with fixity of tenure, 5453-6. A very good
feeling exists; few cases of rent raising, 5457-8.
Objects to tenants having to pay for their own im-
provements ; never makes them ; public auctions not
allowed; does not approve of them, 5459-66.
Buildings not valued, except those erected by land-
lord ; practically tenants make all improvements,
5468-74. Against free sale ; landlord should have
right of veto, and adjoining tenant the preference,
5481-4. Price of tenant-right affected by various
causes ; quality of land, competition, situation, mar-
kets, and the character of the landlord, 5490-2.
No substantial difference between improvements on
Sir Y. Brook's and tenant-right on other estates
5493-6. System of arbitrators and umpires work
well, 5497. Price of sale not interfered with;
arrears of rent deducted, 5499, 5503. One claim
under Land Act in eleven years, 5503-7. The
case, 5506-13. No evictions, except for non-pay-
ment of rent ; only two finally evicted, 5516-18.
As tenant's interest was sold, renj; paid, and balance
handed back, 5519-21. Never distrain, 5522.
Rents reasonable ; tenants well off, 5526-9. What
he knows of purchasing under Church Temporali-
ties ; not a success ; could not pay instalments ; had
to sell, 5530-9. In favour of peasant pi-oprietary,
if the result of natural causes, provided it was not
forced, and a tenant had at least one-third of the
money, 5540-6. These purchasers had no means of
living, but the land, 5551-56. Tenants do not im-
prove more, landlords have almost all ceased to do so
since the Land Act, 5560-8. Would rather make im-
provements themselves, than pay per-centage to land-
lords, 5564-5. Small tenants would prefer to be
• under good landlord, at fair rent, to buying their hold-
ings, 5566. The custom as to labourers; their relation
with the farmers, 5567-73. Great dissatisfaction
among them, 5575-80. Their wages, 5581-2. Node-
mand for leasas since Land Act ; where lease did
fall in tenant-right allowed, 5583-5. Objection to
County Court Judges as arbiters ; in favour of new
Government valuation, 5586-8. Compulsory
peasant proprietary ; the substitution of one class of
landlord for another, and that a lower class, 5593-5.
Impossible lo prohibit peasant proprietors from sub-
letting, 5596-99. Periodical valuation a better plan,
5600. In favour of extending a well-defined Ulster
custom to all Ireland, 5601-7. It is not the custom,
as far as his expeiience goes, to raise rents, and thus
eat away tenant-right, 5608-12. No cases of leases
barring claims under Land Act, 5613-18. When
rents are raised, only to a fair amount, 5619.
When tenant leaves improvements are taken into
account, as well as the good will, 6629-34. Sug-
gests Government valuation, by really competent
men, of good position, with right of appeal to judge
of assise, as means of settling rent question, 5637-8.
Tenants, where fairly dealt with, are well disposed.

5643-44. The present valuation does not repre-
sent the fair letting value, 5645-6. Case where
tenant got into difficulties ; farm sold by creditors
5648.

Quin, Rev. Charles, P.P., Lower Killery, Camlough ;
county Armagh. — Belfast.
President Camlough Tenant-right Association,,
5649. Farms in counties Tyrone and Derry, 5651.
Evidence in regard to reclaimed land in Armagh
and Tyrone, 5654. No uniform defined custom in
Ulster, 5655-7. Proi)rietary rights of landlords^
5658. Tenant-light subject to these rights, 5659.
Rents increased on change of tenancy, on tenant's
improvements, since Land Act ; landlords have
invaded tenants rights very much, 5660-3.
Cases of rent-raising on Lord Castlestuart's estate..
5664-71. Case of Edward Monahan, 5674-6,
Rent too high even if landlord made improvements,
5677-9. Landlord should be allowed for latent
power in land, 5680-1. Eighty ejectments for non-
payment of rent ; evicted ; are now caretakers,
5685-9. Rent raising on Sir John Stewart's,
estate in 1852 ; a second increase tried, but re-
sisted, 5691-8. Other instances before and after
Land Act on Mr. Henry's estate, 5701-7. Tenant-
right 3,llowed, but of no vakie from high renting,
5708-10. Revision of rents, 5711-12. Office
rules and threatened rise of rent on Mr. Richard-
son's estate, 5715-23. Inci'ease based on tenant's
improvements, 5724-5. Estates when bought as a
speculation, 5728. Rights of landlord and tenant
want defining, 5730. Increase of rent on a sale;
purchase money must be paid through office ; sale
limited to adjoining tenants, 5731-2. Price
limited, but limitation withdrawn, 5736. No sub-
division without consent, 5739. Considers office
rules illegal, 5740-2. Tenant-right diminished by
office rules, 5743-46. Increase of rent on every
change of tenancy, yearly or leasehold, on Mr. Quinn's
estate ; rents are now rackrents, 5747-55. Manage-
ment of Mr. R. Bond McGeough's estate, rent raised
on every excuse, 5756-8. Raised three hundred
per cent, on tenant's improvements ; tenant-right
limited to £5, but resisted, 5759-60. List of evic-
tions ; case of Mrs. Catherine Hart, 5760-68. In
favour of peasant proprietaiy from experience, but
would not interfere with jvist rights of landlords,
5769-71. Good for the country and for the land-
lords if fair price given, 5772. Government as-
sistance needed by advancing money on the security
of the land, 5774-5. Would compel London Com-
panies to sell, 5776. Government to raise money
by means of Vjonds ; cases of purchase under Church
Act ; marked improvements made, 5777-8. No
advocate for compulsory sale, only when estate was
in market would largely assist tenants to buy —
amount at present advanced not large enough,
5779-85. A well-defined tenant-right, as regards
rent, might be extended to all Ireland, 5787-9.
Impartial tribunal or arbitration to fix rents, 5792.
Cases of high rents under lease held on Mr.
Whaley's property, 5792-8. In almost every in-
stance the tenants are forced to pay the whole
county cess, roads being measured in farm — a great
grievance ; case in point ; Land Act useless as far
as county cess is concerned, 5857.

O'Gallaghan, Mr. Patrick, Lisseragh, Castleblaney ;
county Monaghan, Tenant Farmer. — Belfast.
Present law a clog upon industry, afraid to con-
tinue improving for fear of rent being raised, 5803-8.
Many tenants on estate would improve if they had
security, 5.809-10. Rent increased at will of land-
lord, 5812-13. The man who will give highest
rent is chosen by landlord, 5815-1 6. Rule on Lord
Gosford's estate at fall of lease, 5820. Case of rent-
raising on tenant's improvements on above estate,
5824-5. Another instance on Mr. Quinn's estate,

DIGEST OF EVIDENCE.

XXXIU

O'Callaghan, Patrick — continued.

5826-30. Complains that landlords will not allow
more than a certain nvimber of laboiirers on their
estates, as in bad times they go to the workhouse,
and so increase rates, 5821-2. Condition of
labourers, 5833-7. In favour of peasant proprie-
tary, 5839.

Barry, Mr. Michael, P.L.G., The Cross, Camlougb ;
County Armagh, Tenant Farmer. — Belfast.
Agrees with previous witnesses, 5841 . Case of rent
Toeing raised on tenants' own improvements, 58-12-48.
No increase since Laud Act, but afraid to improve,
5849. Eent fixed by arbitration ; fixity of tenure
and free sale would satisfy him, 5850-4.

McGeany, Rev. Patrick, R.C.C., Ai-magh. — Belfast.
Agrees substantially with evidence of Rev. Mr.
Quin ; case of tenant-right being diminished by in-
creases of rent on Lord Charlemont's estate, 5855.

Young, John, Esq., Galgorm Castle, Ballymena ;
County Antrim, Landowner. — Belfast.
Definition of tenant-right, considers the right of con-
tinuous occupation has never either been claimed by
tenant, or acknowledged by landlord, 5861-4. Land
Act has, in his opinion, merely rendered legal the
customs formerly permitted by landlords, 5865-7.
Never knew of a case of eviction save for nonpayment,
5868-71. Value of tenant-right fixed by arbitration,
just as well as by auction, 5872. A fair representa-
tion of tenant-right would be that on a fair rent
being paid, revalued at certain intervals, tenant is
not to be disturbed, unless land is wanted for some
fixedpurpose, 5873-5. Right of notice to quit acknow-
ledged, 5876. Where tenant-right is acknowledged
no claim for improvements admitted and vice versd,
5877-80. High tenant-right advantageous to land-
lord, unless tenant from competition gives more than
the value, 5882. Landlord should always have
choice of tenant, 5883-6. Exorbitant prices given
every day, 5888. The result, 5889-91, 5894-6.
Objects to auction on ground, that it is invidious
for landlord to object to highest bidder, 5892- 3.
Large and liberal tenant-right on his own estate,
5897-8. Was leased in 1844 for thirty years, was
revalued and relet in 1874, when leases expired,
5899-5902. Valuator appointed, tenants improve-
ments not valued,16 or 17 per cent, increase, 5903-9.
Farms are small,not much capital required, 5912-16.
A case of money making on fifteen acres, 5920-22.
Selling value of tenant-right influenced by sur-
roundings, rent, landlord's character, situation,
5923. As a matter of practical experience, there is
no feeling of insecurity,5924-5. No change of rent
without revaluation, 5926-8. Suggests a revalua-
tion every twenty or thirty years over whole pro-
perty, giving full consideration to tenants' improve-
ments 5930-5. Tenant, at falling in of lease, should
have protection, 5936. No undue rent raising, or
clauses barring tenant-right, 5937-9. Landlords
liberality towards improvements checked by Land
Act, 5941-7. Has in his own leases inserted clauses
guaranteeing tenant-right, 5947-9. No unwilling-
ness to take leases where above clause is inserted,
5950-1. Rents moderate in his district, 5952-3.
Under-tenants in wretched condition, paying double
in comparison to head tenant, 5057-60. Labourers
partly agricultural, partly linen weavers, 5961-4.
Their relations with farmers, 5965-71. Entirely in
favour of tenant-right with proper restrictions, land-
lord's right of pre-emption, arbitration, in case tenant
cannot pay rent fixed by landlord, to determine his
interest in farm. Landlord should not be restricted
in fixing rent by Government umpires, 5977-91.
Tenant getting full value of tenant-right has no
right to complain, 5997-8. Denies emphatically
that tenant-right is eaten away by increases of rent.

6000. Landlords right to resumption should not be
interfered with, cases in point, 6002-7. Considers
landlord has a right to any rent he can get paying
tenant existing tenant-right, opposed to fixity of
tenure, as infringement of rights, 6008-14. Tenants
influenced by having to go to court, and before a
judge who knows nothing about land, 6018-19.
Approves of any fair system for preserving value of
tenant-right, but in case of dispute landlord to have
power of resuming possession on payment of tenant-
right, 6025-27. An injustice to extend tenant-
right to all Ireland, 6028-31. Existing prices the
standard for rent, 6035-38.

2PNeill, Edmund, Esq., Craigdun ; County Antrim,
Landowner and Agent. — Belfast.
Farms under a landlord, 6043. Agent over
55,000 acres, exclusive of perpetuity holdings,
604 4-7 . Agrees with Mr. Young as to tenant-right,
0049-51. Always insists on provision being made
for widow, 6052. The power of making a will,
since Land Act, the cause of great disputes ; in case of
no will becomes the property of whole family ; in-
stances, 6053-6. No eviction under notice to
quit for twenty-five years,has had ejectments for non-
payment, but no eviction up to the passing of Land
Act, has been obliged since then, to protect tenant
against his creditors, 6057-59. Tenants have bor-
rowed since Land Act to an injurious extent and are
sold up ; against rules of estate to mortgage or sell
without permission, cases of; subsequent proceedings,
6061-70., Few leases, have all fallen in, revalued
farms on each occasion; taking tenant's improve-
ments into consideration, no disputes, instances in
point, 6071-7. Not in favour of fixing rents by
arbitration, 6079-80. Present valuation not relia-
ble, a new valuation if skilfully done, desirable,
6081-2. Suggestions for new valuation, a standard
of value, 6083-87. Improvements by landlords
checked since Land Act, as they are afraid they will
become property of tenant, 6091-3. Case in point,
6094. Was agent over small estate, since sold
to the tenants, who do not think much of their pur-
chase, 6095-6101. No desire on part of tenants to
buy where tenant-right is fully acknowledged,
6102-3.

Swann, Mr. Thomas, Lisburn ; county Antrim, Tenant
Farmer. — Belfast.

Tenant on Earl of Yarmouth's estate, 6105-6.
Attempt on Hertford estate to limit tenant-right,
great objection to this throughout the country,
6112-13. The question as to value of tenant-right
at present in confusion ; few sales occurring lately,
6118-19. Interference by oflice would not prevent
sales from taking place, 6120. Tenant-right at
end of lease not disputed, but rent invariably raised,
6121-3. Instance of, 6124-7. Rents always
creeping up and indirectly confiscating tenant-iight,
6128-29. Case in point, 6129-85. In favour of
arbitrators in case of disputes, with a skilled umpire.
Most anxious that tenants' improvements and land-
lords' interest should be kept separate, 6136-9.
Considers, in case of revaluation., that rents would
be lowered, in fact agriculture demands it, 6141-2.
Arbitration the only opening at present, 6152. No
cases of purchase under Bright clauses, farmers
could not generally pay one-third, 6153-4. Great
feeling of insecurity exists, 6155-7. Farming very
good, and labour always plentiful, 6158-9. Con-
dition of labourers, the relation between them and
the farmers very good; wages 10s. to 12s. per
week, house and garden free, with land for potatoes,
6161-6. Custom on Downshire estate to raise
rents on falling in of lease, or a change of tenancy,

6167. Power of rent raising the great grievance,

6168. Instance of landlord forcing tenant to pay
share of income tax, 6206.

Xxxiv

IRISH LA.ND ACT COMMISSION, 1880.

Gray, Mr. William, Laganbrae ; Counties Antrim and
Down, Tenant Fanner. — Belfast.
Eent raising on Sir Thomas Bateson's estate,
case of a farmer named GUliland, 6169-4. Rent
raising on Sir Thomas Bateson's estate an innova-
tion since 'Land Act; sale restricted to £10, case
of Mr. Wood's, 6175-6. Case on Sir Richard
Wallace's estate, showing the cnsTtom has been
changed since Land Act, G180. Further instances
on late Marquis of Hertford's estate, proving this
to be so, 6181. Proposes in reference to arbitration,
that a registration office be established in each
petty sessions district, 61,82-5. Complain not of
landlords but of land law, 6202. Land Act did not
provide sufficient remedy, 6204-5.

A , B , Stoueford, near Lisburn ; County

Antrim, Tenant Farmer. — Belfast.
Tenant of Sir Richard Wallace's. Improved and
reclaimed his farm, revalued and rent raised,
6187-91. Now holds a lease, tenant-right secure
at fall of lease, but uncertaui as to how much his
rent may be raised, 6195-6201. Anecdote of
valuator takiag bribe, 6207.

Perry, Mr. Joseph, Grovehill, Downpatrick ; County
Down, Tenant Farmer. — Belfast.
For four years secretary to Co. Down Farmers'
Association, 6210. Ulster custom is, continuous
occupation, free sale and fair rents, 6214-15.
Evidence with regard to restrictions placed on tenant-
right : fifty years ago, same custom of free sale existed
on all, 6216. The custom first limited, then denied
on John Waring Maxwell's estate in 1834, but
allowance for drainage, 6217-18, 6224. Colonel
Forde selected tenant and appointed his own valuator
to fix the price of sale, but now allows arbitration,
6219-23. Restricted on Lord Bangor's estate to
£5 per acre, but. larger sums given behind backs,
6224-5. Where "free sale cannot be stopped, plan
of raising rent at transfer is adopted since the Land
Act, 6228-32. The question of tenant-right con-
tiniiing at termination of lease ; celebrated case of
M'Keown v. Beauclerc in 1872, 6223-4. Tenants
have no security in improving, 6235-6, 6242. In
favour of valuations at fixed periods, 6239-40.
Would exteAd Ulster custom to Ireland, 6244-6281.
Rent should be decided before instead of after an
eviction^ 6245^6. Arbitration a fair mode of
settling differences as to rent, landlord to name
one arbitrator, tenant another, and an impartial
umpire selected by the two appointed, 6248-50.
Land Act has checked improvements both by land-
lord and tenant, and has induced rent raising,
6253-8. Land Act fairly interpreted by County
Court Jvidges, 6259-60. A good deal of reclama-
tion going on, but decreased lately in consequence
of increased jirice of labour, 6263. Condition of
labourers, 6264-5. Tenant quitting voluntarily
cannot claim for disturbance, 6267-8. Should
be no right of disturbance except for public
purposes, 6269-70. All the improvements that
have been made are the result of tenant-right,
6273-4. Gradual increase of rent, will result in
great calamity to the country, 6275-6. Perpetuity
leases much better than peasant proprietorship, and
to the advantage of tenants to have a certain amount
of rent to pay, 6292-4.

Gardner, Mr. Edward, LL.B., Downpatrick ; County
Down, Solicitor. — Belfast.
Agent to Colonel Craig and Mr. Craig-Laurie,
6295. Agrees with evidence of Mr. Perry in re-
ference to Ulster custom, and the feeling of inse-
curity produced by restrictions and office rules, such
as rent raising on transfers. Examples of this, 6298-
6304. Tenant-right encroached upon by advances
of rent, case of Mrs. Stitt, 6305-7. Another in-
stance on Ardglass estate of a man named Grogan,
6308-12. Right of sale denied on Mr. Maxwell's
estate ; limited sale up to time of Land Act, since

which the right has been denied, 6314-22. Case
of Mrs. Robinson on Finnehogue estate, 6322-6.
Forms of agreement for yearly tenancies have come
into use since Land Act. The form in use on
Ardglass property, 6326-7. Agreeinent used on
Lord Bangor's estate, with clause against claim
for comjjensation, 6328-9. These were used on
change of tenancy. The DufFerin lease, 6330. Case
of Mr. Hughes, 6331. A desirable thing to secure
fixity of tenure, with fair rents, 6332.

Moore, Mr. WUliam James, 39 Cromwell-road, Belfast;
County Down. — Belfast.
Further particulars of Mrs. Hughes's case (see
No. 6331). Also case of John Menown, 6335.
Tenants are deterred from contesting any question
by the expenses of proceedings in Court, 6336-7.
Rent raised whenever landlord chose, and custom
infringed both before and since the Land Act ;
hard case of Hugh Christian, 6340-44. Instances
of rent raising on tenant improvements on Count
Russell's property, 6345-8. Case of infringement
of custom by forbidding sale on Mr. Mulholland's
property, 6348-9. Another instance of limiting
sale contrary to custom. Case of Arthur Atkinson,
5349. Where estate is for sale tenant should have
preference, witlj. Government advance of four-fifths
of the purchase-money, 6851.

Murray, Mr. Patrick, Castlewellan; County Down,
Tenant Farmer. — Belfast.
AttemjDt to raise rents all over Lord Annesley's
estate, and proposal to re-value the whole property,
6352-4. Sample cases on each townland, of in-
crease, C355. Witness and another tenant resisted
increase, served with notice to quit, 6356-8. Held
under lease ; reclaimed a good deal. When lease
dropped rent was raised, 6360-2. His case, 6363.
Deputation to Lord Annesley, 6363-4. Agree-
ment in use protecting tenant-right, but with clause
against bankruptcy, 6365-8. Tenant-right sells for
£30 per acre. No improvements made by land-
lord. Further cases of increase, 6369-72. Case
of Widow Murphy on Mr. Thompson's estate came
into Court. Chairman would not allow increase,
and gave decree for £40 an acre, 6373-4. Increases
of rent at change of tenancy a great hardship.
Land should be valued by a local man who knows
the district and what the land can produce, 6374—77.

M'Aleena, Mr. James, Castlewellan ; County Down,
Auctioneer. — Belfast.
System of purchase on Downshire estate, 6379.
Rent considerably increased at every transfer;
cases in point, 6380—1. When an increased rent
takes place landlord pays half county cess, 6381-2.
Tenant-right destroyed by increased rent ; instance
of, 6383. Mr. Gartlan compels son on succeeding
his father to pay all arrears due before 1847, or his
name will not be entered in rental, 6384. Custom
on Lord Roden's estate, no tenant-right, out-
going tenant gets a consideration, 6385-6, 6388,
6398. Up to Land Act sale by auction permitted
on Lord Annesley's estate, not since, 6387. Tenants
very poor and in a bad state. A great many private
sales, 6391-3.

Quinn, Peter, Esq., J.p., Newry; Counties Armagh,
Down, and Tipperary, Land Agent. — Belfast.
Is land agent in county Armagh for forty years,
on estates of Mr. Close, Mr. Hal], Lord Waterford,
the Newtownhamilton estate, the Forkhill estate,
and in Tipperary and Down; 28,000 acres in
Ulster, and 8,000 in Tipperary, 6394-6, 6408-10.
Tenant-right — the power of the outgoing tenant to
dispose of his interest in his farm, subject to the
rule of the office, 6397-8. The custom elsewhere
in Ulster the same, except that on some estates no
restrictive office rules apply, 6399. On estates over
which he is agent, no disturbance, but continuous
occupancy provided the rent is paid, 6401-2. And
there are in the office rules restrictions on selection of

DIGEST OF EVIDENCE.

XXXV

Qtdnn, Peter, J.P. — continued.
tenant and price of tenant-right, 6403, 6439.
Tenant-riglit has worked satisfactorily, 6404.
Recent agitation in Armagh in favour of free sale,
6405. Limit and price of tenant-right is £15 per
acre, and tenant must be approved of by landlord,
6407. These limits advantage landlord and do not
disadvantage tenant, 6412, 6475. Improvements
enter little into price of tenant-right ; which is given
for sake of possession — to make a Uveliliood,
6413-5. Selection of tenant gives opportunity to
adjoining tenant to become purchaser, 641 G_7.
Adjoining tenant has preference, 6418. On Mr.
Close's estate tenants fixed maximum limit of £15
an acre, 6412, 6420-5. They were previously
restricted to £10 an acre, 6426. No minimum,
6424. Never less than £10 or £12 per acre given,
6426. "When limit £10, payments under the rose,
6426, 6429. Limit also exists on Major Shortall's
estates in counties of Down and Ai-magh, and on
Forkhill estate, 6432-3. Limit on Mr. John
Martin's estate in county Tyrone is £8 an acre,
6434-7. Witness only agent eight years there,
6463. No general raising of rents last twenty-five
years, but on expiration of leases, if rent low, there
is, 6440, 6445-7, 6511-7. Leaseholders at end of
lease entitled to same tenant-right as yearly tenants,
6448-50. Case of land claim by tenant who refused
agent's ofier to sell to adjoining tenants preferentially,
6453. Land Act has not afiected practice on estate,
6458-60. Only interference with management is
that indebted tenants defeat small creditors' claims,
6461—5. Former practice in case of tenant insolvent,
6465. Some decrees for nonpayment of rSnt, but
no actual evictions, 6466-7. Tenants pretty well
ofi", 6468. Improvements generally made by tenant,
6469-70. Distraint very rare, 6471-2. Limitation
of price no material benefit to landlord except in
selection of tenant, 6476-9, 6518-9. On Tipperary
estate, four tenants, three having leases, 6480-6.
Case of purchaser from Church Commissioners who
sold out at a profit for want of capital, 6488-91,
6577-6594. In favor of enabling tenants with
some capital to buy their holdings on favourable
terras, 6491-3. Would not force landlords to sell,
6494. Case of depreciation of landlord's estate by
offer of tenants to purchase, 6494. Case of sales to
tenants since Land Act ; some have since done well ;
they did not borrow under Bright clauses, 6494-
6502. Would allow alienation, but not subletting
or subdivision, under Bright clauses, 6504-8. Case
of leases at low rents granted 100 years ago — great
subdivision since, 6508-10. No ground for sense
of insecurity through raising rents, 6511. Rents
not generally raised on tenants' improvements — not
on change of tenancy or death of tenant, 6514-7.
Tenant-right makes rent sure, 6519. No fear of
loss of rent or deterioration through nou limitation
of price, 6518-23. In county Tipperaxy the land-
lords made the improvements, and the leases bar
any claim to tenant-right, 6525-6. Where land-
lords make improvements, tenants have no just
claim to sell good- will; but they could recoup
themselves in increased rent ; which at present'
would be a doubtful prospect, 6527-32. Ulster
plantation gave no pai-t of property in the land to
tenant, 6533-9 (Jlster tenant-right grew up by
good nature of landlord, 6540. Extension of it to
south would not be just, but would be easiest
settlement for southern landlords, 6541. Landlord
might be compensated by payment of money, lent
by Government, on occasion of new tenancy, 6542-5.
Leases not asked for before or since Land Act,
6548. Only leases are on Newtownhamilton estate,
6547. On two estates prior to Land Act, landlords
gave slates, and sometimes timber to tenants build-
ing, 6549. Since ceased, 6550. £15 limit existed
before Land Act, 6551. Eent about, or a little
under Government valuation in Armagh ; double
in Tipperary, 6552-3. Valuation lower in south

than in north, 6553-4. Answer to statements
before Commission of Doyle, a tenant of late
Edward Quinn, 6355-6361. Tenant under Ulster
' custom, in arrear of rent, is allowed to sell, even
though evicted, 6562-8. Tenant-right supplies a
fund, out of which arrears of rent are paid, 6564.
Tenants near Newry refusing to pay rent, 6568-73.
Case of tenants purchasing from Church Com-
missioners their own holdings, and fairly prosperous,
6574-82, 6595-6608. In fixing rents on expiration
of leases regard is had to general valuation made in
1832, and to rents of adjoining tenants, 6608-10.
Rents on Mr. Close's estate 21s. per English acre
6611-2. Ulster system would be wisely accepted
by southern landlords, if it settled the question,
6613-5. Acted as umpire in arbitration between
Mr. R. J. M'Geough and his tenants ; result, rents
reduced below landlord's demand, but above tenants'
offer, 6736-59. Raisingrentunroasonably diminishes
value of tenant-right, 6754-5.

Brush, Richard C, Esq., j.p., Armagh; Cos. Armaf,'h
and Tyrone, Land Agent. — Belfast.
Land agent since 1863, of Richhill estate (7,000
acres) in county Armagh, and of Lord Belmore's
estate (14,000 acres) in county TjTone, 6616-8,
6640-1, 6650-1. Rental of Arma,gh estate, £6,400,
Government valuation for land, excluding houses,
£7,680, 6619. Rental 'of Lord Belmore's, Tyrone
estate, £8,000 ; Government valuation a little less,
6620. Tenant right custom prevails on both estates,
no limit to price, continuous occupancy as long as
rent is paid, landlord has reasonable veto on incom-
ing tenant, but no pre-emption, 6621, 6631, 6635.
System works remarkably well, outgoing tenant
has something to pay his debts, and go away;
contributes to peace and prosperity of community
and estate, 6632-3, 6636-8. Purchase money not
paid into rent office, though formerly the system on
Tyrone estate, 6634. Same custom prevails gener-
ally on adjoining estates, 6639. Good market near
estates, tenants well able to pay rents, 6642-6. A
hangiag gale allowed, 6647-9. Land Act has on
Tyrone estate, not on Armagh estate, stopped land-
lords' contribution, in shape of timber and slates for
buUdingj and for drains, to tenants' improvements
6652-6. Only increase of rent is at end of leases,
when rent is brought up to that of adjoining tenants,
6657-9. Tenant not charged rent on his own
improvements, 6660. Land Act, save lq one case,
has made no alteration as to county cess, 6661-3.
Farm roads may, but county roads are not measured
for rent against tenant, 6664-5. Boa' kept in
landlord's hands, tenant paying 1 s. a rood forturbary,
6669-71. Cut-away bog is reclaimed by tenant^
no rent imposed till general revision of rent'
6672-3. Tenants are satisfied with that arrano-e-
ment, 6674. Tenant-right system the best that
could be, should be extended to whole country,
secures landlord his rent, and peace in the country^
6675-7. Thinks general system of purchase by
tenants of their farms in fee would be erroneous •
gives reasons, 6678-83. Only one actual eviction
on Tyrone estate since Land Act, 6684. No cases
under Land Act, 6685 ; nor settled out of court,
6686. Ejectment for non-payment of rent, use(l
only to compel payment of arrears, 6687-90. In
rural districts, distraint never resorted to ; might
be safely abolished, 6690-3. Rack-renting princi-
pally practised with recent Landed Estates Court
purchasers, 6694, 6710, 6719-20. Tenants should
be protected against this by outside tribunal 6695
General valuation by Government valuators as
basis of fair rents, useful for tMs, 6694-8. Govern-
ment valuation tolerably uniform in counties but
low in county Tyrone, high in Armagh 6699
Griffith's valuation is in county Tyrone twenty-five
and m county Armagh, 10 per cent, below iust
letting value, 6701. On county Armagh estate
rent is 5 per cent, below valuation; on county

^XVl

IRISH LAND ACT COMMISSION, 1880.

Brusli, Eichard C, J. P. — continued.

Tyrone estate, alooxit 1^ per cent, above Govern-
ment valuation, 6702. Rents for Armagli estate
not revised for forty years ; of Tyrone estates not
since 1858, 6702-3, 6704. Leases not general, and
not asked for ; tenant-right on expiration of lease
recognized, same as on tenancies from year to year,
6705-6. Rent might be settled by arbitrators
appointed by Government for each district, 6709-10.
Complaints as tp excessive rents have foundation on
small estates, 6711. Tenants unwilling to take
leases unless tenant-right preserved, 6714. Does
not think leases are forced on tenants, 6715-8.
Neither on estates witness or his brother manages
are rents raised on change of tenancy, or on tenant's
death, 6,721. Opposed to peasant proprietors, they
would subdivide, and be cumbered with debts, and
mortgages: — thinks so, but has no facts to guide him,
6723-30. Would assist a thrifty industrious tenant
to purchase his holding, if such a case arose, 6731-5.

Winder, John G., Esq., j.p., Armagh;